Service ID: V06-SVC-001 Direct Regulatory Service Trade Marks Act, 1999, Copyright Act, 1957, and Code of Civil Procedure, 1908

IP Enforcement & Cease and Desist Issuance

Issuing formal statutory legal demands to halt trademark infringement, copyright piracy, trade dress imitation, or domain cybersquatting, creating an evidentiary foundation for subsequent injunctions and damages in commercial court.

Statutory Authority

Trade Marks Act, 1999, Copyright Act, 1957, and Code of Civil Procedure, 1908

Governing Jurisdiction

Republic of India (Central Portal)

Execution SLA

3 to 5 Business Days

Why This Statutory Filing Is Required

Issuing formal statutory legal demands to halt trademark infringement, copyright piracy, trade dress imitation, or domain cybersquatting, creating an evidentiary foundation for subsequent injunctions and damages in commercial court.

Statutory Mandate: Trade Marks Act, 1999, Copyright Act, 1957, and Code of Civil Procedure, 1908

Who This Service Is For & Statutory Eligibility

Brand owners, copyright holders, software creators, and registered trademark proprietors facing unauthorized commercial use, counterfeit products, deceptive passing off, or domain name squatting.

Prerequisites & Mandatory Documents Checklist

  • Trademark Registration Certificate, Trademark Journal publication, or TM-A application details
  • Copyright registration extract or verifiable proof of original author creation date
  • Documentary proof of infringement (counterfeits, screenshots, purchase invoices, domain URLs)
  • Evidence of market confusion, lost revenue, or deceptive brand exploitation
  • Prior communication logs or cease-and-desist warnings sent to the infringer
  • Formal Vakalatnama / Legal Authorization for legal counsel issuance

Step-by-Step Portal Execution Procedure

  1. Step 1: Conduct forensic IP infringement evaluation and compare conflicting brand marks/code
  2. Step 2: Collect incontrovertible digital evidence, cache snapshots, and test purchases
  3. Step 3: Draft statutory Cease and Desist Notice detailing proprietor rights, violations, and damages
  4. Step 4: Issue notice via speed post with acknowledgement due and formal legal electronic mail
  5. Step 5: Execute intermediary takedown requests under IT Rules, 2021 (Google, Amazon, Meta, GoDaddy)
  6. Step 6: Negotiate settlement undertakings or initiate Commercial Court suit for interim injunction

Transparent Pricing & Statutory Cost Architecture

Calibrated Fixed Fee

IP Enforcement & Cease and Desist Issuance

₹6,499 All Inclusive

Calibrated at 9% below prevailing market fee (₹7,200). Complete professional drafting, compilation, verification, and portal upload.

  • Independent Chartered Accountant / Company Secretary Verification
  • Electronic Form Pre-Scrutiny & Error Reconciliation
  • Digitally Signed Portal Upload with SRN Acknowledgement Delivery
Initiate Filing →

Government Fees & Disbursements

Government Statutory Fee: ₹0 (NIL) for legal notice issuance. Intermediary grievance redressal portal filings carry zero government fees.

Statutory Penalties for Non-Compliance

Failing to enforce registered IP against known infringers weakens legal exclusivity, allowing the trademark to become generic or diluted. Continued tolerance may bar future interlocutory injunctions under the doctrine of laches or acquiescence (Section 33 Trade Marks Act).

Dedicated operational desk: Alappuzha, Kerala • Pan-India MCA V3 / Income Tax / GST e-Filing Infrastructure.

Frequently Asked Questions

What should be the response timeline given in a Cease and Desist notice?
Standard legal practice provides 7 to 15 calendar days from receipt for the infringer to comply, withdraw infringing goods, and execute formal written undertakings.
Can an infringer sue for 'groundless threats' under the Trade Marks Act?
Yes. Section 142 of the Trade Marks Act permits actions against groundless threats of legal proceedings, which is why notices must be drafted strictly by experienced IP counsel establishing clear prima facie infringement.