TRADEMARK NOTICE
This query is : Resolved
Quick Summary
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....
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....
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.
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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