TRADEMARK NOTICE

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A client received a lawyer's notice for using the word 'khadi' on IndiaMART, claiming it infringes on a trademark. The client intended to use 'khadi' to describe the quality of cloth, not as a registered trademark. The lawyer is demanding the removal of the word and payment of Rs. 15,000 for notice charges. The discussion seeks advice on how to proceed with this legal matter.

Asif Ali

Asif Ali (Querist)
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24 March 2024 Dear Sir,
A lawyer send me a notice to my client for using the word khadi in indiamart. My client was using the word khadi for showing the purpose of quality of cloth not for the purpose of using trademark word khadi. Lawyer is saying to delete the word khadi from website and also pay the amount of Rs. 15,000 as notice charges..
My query is what shoud i do??
Thanks....

RAJA P M

RAJA P M (Expert)
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24 March 2024 Please ask this question in Lawyers Club website

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)
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15 August 2025 The term “trademark notice” can refer to multiple legal tools—here are the common ones you might encounter:
Trademark Marking Symbols (TM / ®):
™ is used to claim trademark rights, whether registered or not.
® is used only once the trademark is officially registered. These symbols help put others on notice and can strengthen infringement cases.
International Trademark Association

Notice of Publication:
A formal communication indicating your application was published in the official trademark journal, opening a 30-day window for third-party opposition. It’s a critical step toward final registration.

Caution Notice:
An optional but effective tactic in India—publishing a warning in relevant media that your mark is registered. Courts accept this as evidence, and it prevents infringers from claiming ignorance.

Cease & Desist Notice:
A legal demand sent to someone infringing your mark, instructing them to stop unauthorized use, often used before escalating to litigation.

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