Trademark Services — starting at ₹6,999
Infringement Advisory
Discover an infringing mark? We provide strategic advisory, cease & desist notices, and support for legal action to protect your registered trademark rights.
Get StartedWhat's included
- Infringement analysis comparing marks and goods/services
- Cease and desist notice drafting and dispatch
- Evidence gathering and documentation support
- Coordination with litigation counsel for court proceedings
- Advisory on passing-off claims for unregistered marks
- Settlement negotiation strategy and support
How it works
- Step 1Infringement Assessment
We analyse the infringing mark against yours and advise on the strength of your claim.
- Step 2Cease & Desist Notice
A formal cease and desist letter is drafted and sent to the infringer demanding they stop use immediately.
- Step 3Response Evaluation
We review any response from the infringer and advise on next steps including settlement or litigation.
- Step 4Escalation (if needed)
If no resolution is reached, we coordinate with qualified IP litigation counsel to initiate legal proceedings.
Frequently asked questions
What constitutes trademark infringement in India?
Using a mark identical or deceptively similar to a registered trademark in respect of the same or similar goods/services without the owner's consent constitutes infringement under the Trade Marks Act, 1999.
Can I enforce an unregistered trademark?
Yes, through the common law remedy of passing-off. However, registration significantly strengthens your enforcement position.
What remedies are available?
Remedies include injunctions, damages or account of profits, delivery up of infringing goods, and legal costs.
Disclaimer: Information on this page is general and not legal advice. Brain Trust IP is a professional services firm, not a law firm.