Legal Notice For Trademark Infringement

When and how to use this letter

Trademark infringement notices work because most small infringers back down once they realize the brand owner is watching and willing to litigate. Before sending, verify your registration is current and covers the relevant goods or services, and note the registration number in the notice. Collect dated evidence of the infringement: screenshots of listings or packaging, purchase receipts of the infringing product, and the seller's details. Describe the infringing use precisely, because vague allegations are easy to deny. Demand immediate cessation, withdrawal of infringing goods and listings, and written confirmation within a short deadline, usually 7 days.

Send the notice by registered post and also through the infringer's business email or the marketplace's contact channel. A non-obvious but powerful parallel step is to file a takedown or infringement complaint with the online marketplace where the goods are sold; platforms often remove listings within days, which stops the bleeding while the legal process runs. Keep the tone professional rather than threatening, and avoid demanding an arbitrary huge sum in the first notice; focus on stopping the infringement.

If the infringer claims independent creation or prior use, do not argue by correspondence; let your lawyer assess the claim against your registration date and evidence of use. If they comply, get the undertaking in writing and monitor the market for a few months, since some infringers reappear under slightly altered names. If they ignore you, move quickly to seek an injunction, because courts grant interim relief more readily when the owner acts promptly. Bring your lawyer the registration certificate, evidence of use such as invoices and advertisements, and the full infringement evidence file.

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