Reply to Trademark / IP Notice

What this is

Reply to a trade mark, copyright, design or other infringement notice, or a cease and desist, that you have received - whether you deny infringement, claim prior use or your own registration, rely on fair use, or want to settle on terms without admitting liability. Our panel advocate drafts and signs the reply on letterhead and sends it by email and WhatsApp, with tracked speed post if you choose it.

What you get

A reply to the infringement notice, drafted, reviewed and signed by our panel advocate on letterhead, answering the claims, asserting your prior use, registration, dissimilarity, fair use or other defences on your facts, and stating your position on cessation, rebranding, takedown, accounts and damages, with any settlement proposal you choose. Sent to the sender or their advocate by email and WhatsApp. Optional tracked speed post (+₹79) adds the dispatch receipt, tracking ID and delivery acknowledgement. Includes a short note on the suit, injunction and platform actions the sender may take, and the steps that protect your position meanwhile, such as filing your own application.

How it works

1. 1Upload the notice and your own rightsAll pages of the notice, your trade mark registration or application if any, and proof of when you started using the mark, content or design. We pre-fill the sender, their mark and the demands.
2. 2Tell us your sideHow and when you adopted the name, logo, content or design, and why you say it does not infringe.
3. 3Answer the advocate's questionsWhether you searched before adopting, whether the goods or markets overlap, whether you have a registration, and whether you would rebrand or license.
4. 4PayPay the fee. Tracked speed post is optional.
5. 5Advocate drafts and signsOur panel advocate assesses the strength of the sender's claim and your defences, drafts the reply and signs it on letterhead.
6. 6Reply is sentThe reply goes to the sender by email and WhatsApp, and by speed post if chosen. You receive your copy and the next-steps note.

What to have ready

• Notice receivedAll pages, with proof of the date received.
• Your trade mark registration or application (if you have it)If any.
• Proof of first use (if you have it)Earliest invoices, listings, advertisements, domain registration, publication.
• Your mark, content or design as used (if you have it)Logo files, packaging, screenshots, the work.
• Creation records (if you have it)Designer invoice, assignment, source files, drafts with dates.
• Trade mark search results (if you have it)If you searched before adopting.
• Communication with the sender or platforms (if you have it)Earlier letters, takedown notices, listing removals.
• Registration of your business (if you have it)GST, incorporation, partnership deed or Udyam.

What this is based on

• Trade Marks Act 1999 (1999)
• Copyright Act 1957 (1957)
• Designs Act 2000 (2000)
• Patents Act 1970 — S.60 groundless-threat defence applies. (1970)
• Limitation Act 1963 (1963)