Trademark Infringement Notice

Send or Respond to a Trademark Infringement and Cease-and-Desist Notice

Trademark infringement occurs when a person uses a mark that is identical or deceptively similar to a registered trademark, in a way that is likely to cause confusion. If your brand is being misused, an infringement or cease-and-desist notice formally puts the other party on notice, demands that they stop, and sets out the consequences of continuing. Equally, if you receive such a notice, a careful and measured response is important to protect your position.

We draft strong infringement notices and respond to notices received, and we advise on the next steps. Enforcement is most effective when backed by a registered trademark; where the other side relies on a wrongly held registration, a rectification may also be considered. Keeping your registration active through timely renewal strengthens your hand. For context, see our trademark overview.

Our Infringement Notice Services

Infringement Assessment

Evaluating whether use of the mark amounts to infringement.

Cease-and-Desist Drafting

Drafting a clear, firm notice demanding the misuse stop.

Notice Response

Preparing a measured reply if you have received a notice.

Evidence Compilation

Gathering evidence of your rights and the alleged misuse.

Negotiation Support

Supporting settlement discussions where appropriate.

Escalation Advisory

Advising on further legal steps if the dispute continues.

Our Approach

Assessing the alleged infringement and your rights
Drafting or responding to the notice clearly
Compiling evidence to support the position
Supporting negotiation or settlement where suitable
Advising on escalation if the issue is not resolved

Benefits of a Well-Drafted Notice

Protects your brand and reputation
Formally asserts your trademark rights
Documents the dispute for any later action
Often resolves the matter without litigation
Sets out a clear, firm position
Provides a measured response if you are the recipient

Why Choose Us?

Clear assessment of the infringement
Strong, firm, and professional drafting
Measured, well-reasoned responses
Careful handling of supporting evidence
Practical guidance on escalation and rectification

Frequently Asked Questions

What is a trademark infringement notice?

It is a formal communication, often called a cease-and-desist notice, sent to a party using a mark identical or deceptively similar to your trademark, demanding that they stop the use and setting out the consequences of continuing.

When can I send a cease-and-desist notice?

You can send a notice when another party is using a mark that infringes your rights or is likely to cause confusion with your trademark. A registered trademark strengthens your position when asserting infringement.

What should I do if I receive an infringement notice?

Do not ignore it. Review the claims carefully, assess your own rights and use of the mark, and respond in a measured way within any time given. Professional advice helps you respond appropriately and protect your position.

Is a registered trademark needed to claim infringement?

Infringement as such relates to registered trademarks. For unregistered marks, the remedy is generally an action for passing off, which depends on reputation and goodwill rather than registration. A registration makes enforcement more straightforward.

What happens if the infringement notice is ignored?

If the recipient ignores the notice and continues the misuse, the rights holder may escalate the matter, which can include initiating legal proceedings for infringement or passing off and seeking remedies such as an injunction and damages.