TM infringement notice

A cease-and-desist notice puts an infringer on formal record and often stops the use without court proceedings, but a badly drafted notice invites a denial or a counter-claim. Rapidfiling drafts and sends notices on real rights, and replies to notices received.

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Service overview

A cease-and-desist notice asserts your trademark rights against a user you believe is infringing, demands specified actions (stopping use, withdrawing listings, destroying materials) within a deadline, and records the demand in case court proceedings follow. Its force comes from the rights behind it: a registered mark gives the strongest footing, while unregistered marks argue passing-off with heavier proof. The notice must be drafted on those actual rights, not on anger.

Receiving a notice is the mirror image. The response deadline matters, and the reply's posture is strategic: denying the similarity with reasons, pointing out the notice's overreach, negotiating a coexistence, or preparing for court if the claimant's mark is weak or the use is lawful. Silence is rarely the right answer, but neither is a defensive outburst that concedes scope.

Rapidfiling drafts notices on verified rights, replies to notices received with reasoned positions, and tells you plainly when the right next step is court, where we coordinate qualified advocates rather than overpromise.

Who this service is for

  • Brand owners whose marks are being copied by competitors or sellers
  • Marketplace sellers who received takedown or cease-and-desist notices
  • Businesses facing aggressive notices with weak or overbroad claims
  • Owners of unregistered marks assessing whether a passing-off notice is viable

Scope of support

What support includes

  • Verification of the underlying rights, registration, classes, and scope of use
  • Drafting and dispatch of the cease-and-desist notice with defined demands and deadline
  • Drafting of the reply where you received a notice, denial, clarification, or negotiation position
  • Referral to qualified advocates for court action where escalation is warranted

What support does not include

  • Filing court infringement or passing-off suits, which counsel conducts
  • Platform takedown filings, we draft the position; platforms receive it from you
  • Any guarantee the other party will comply, notices record demands, they do not enforce them

Requirements and documents

  • Your registration certificate or the notice received, with dates
  • Evidence of the conflicting use, listings, packaging, screenshots, addresses
  • The commercial relationship history with the other party, if any
  • Your objectives, stoppage, coexistence, damages, or a clean separation

How the process works

  1. 1. Enquire with the situation

    Share the registration or notice and the conflicting use through the form on this page.

  2. 2. Rights and position check

    We verify the rights and evidence, then set out the realistic options, notice, reply, negotiation, or court referral.

  3. 3. Drafting

    The notice or reply is drafted with the demands, grounds, and deadline stated precisely, and reviewed with you before dispatch.

  4. 4. Dispatch and follow-up

    The document is sent on record, responses are tracked, and the escalation options are documented for the deadline that follows.

Fees and timing

What influences the quote

  • Whether you are sending or replying, and the strength of the underlying rights
  • Number of infringing uses or listings covered
  • Whether court referral follows the notice stage

Government fees and professional fees are shown separately in every quote. GST treatment is confirmed in the quote. Rapidfiling does not publish fixed prices for this service; request a quote to receive the fee breakdown for your case.

Enquire about this service

Share your requirement. Our team will review your enquiry and explain the next steps.

Important limitations

  • A notice records a demand, compliance depends on the recipient and, ultimately, the courts
  • Unregistered marks proceed by passing-off, which needs heavier proof of reputation
  • Deadlines in received notices should be answered; silence has consequences

Frequently asked questions

Does a cease-and-desist notice have legal force?

It creates a formal record of your demand and the date (which matters if court proceedings follow) but it does not itself compel anything. Compliance follows from the rights and evidence behind the notice.

I received a notice, should I reply immediately?

Reply within the deadline stated, after a considered assessment. An impulsive admission or an unanswered notice are both worse than a reasoned response filed on time. Share the notice and its date and we will move accordingly.

Can we send a notice without a registration?

Unregistered marks proceed through passing-off, which requires proof of reputation and misrepresentation, heavier than a registration-backed notice. We assess whether your evidence supports one before drafting.

What if the notice is ignored?

The escalation route is court, an infringement or passing-off suit before a qualified advocate. We document the non-compliance for those proceedings and coordinate the referral.

Related services

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Enquire about this service

Share your requirement. Our team will review your enquiry and explain the next steps.