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Written by Brad Askew
Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
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Updated April 2026 · England & Wales
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
If someone is using your trademark, copying your creative work, or exploiting your patented invention without permission, a notice of infringement is often the first formal move you will make. It is a written communication that puts the other side on record, sets out what you believe they are doing wrong, and asks them to stop.
Sent before court proceedings, it opens the door to resolving the matter without the cost and publicity of litigation. Get the content and tone right and you can often bring infringement to a swift end; get it wrong and you risk weakening your own position, or even inviting a counter-claim for groundless threats.
This guide walks you through what a notice of infringement does in England and Wales, what should go inside it, and how to approach the process sensibly. I have also included practical points I wish more rights holders knew before sending their first letter.
What this document is
A notice of infringement is a formal written communication sent by the owner of an intellectual property right (or their representative) to a person or business believed to be infringing that right. In England and Wales it is commonly issued in relation to registered trademarks, copyright works, registered and unregistered design rights, patents, and database rights.
The notice sets out who the rights holder is, what the protected right is, what the recipient is said to be doing, and what the rights holder expects them to do about it. Although the notice itself is not a court document, it carries real weight.
It creates a clear paper trail, signals that the rights holder is serious, and often prompts a commercial conversation before costs escalate. For patents, trademarks and registered designs in particular, you need to tread carefully, because UK law restricts so-called "groundless threats" of infringement proceedings and a poorly worded letter can expose you to liability. That is why the wording, tone, and timing of a notice of infringement really matter.
How to use this document
01
Confirm your rights and gather your evidence. Before you write anything, make sure you actually own (or have the right to enforce) the IP in question. Pull together registration numbers, filing dates, chain of title, screenshots, product samples, timestamps, witness accounts, and anything else showing both the existence of your right and the alleged infringement. Solid evidence is the foundation of a credible notice.
02
Identify the right recipient. Work out who is genuinely responsible. This might be a company, a sole trader, a marketplace seller, a hosting provider, or an individual. Check Companies House, WHOIS records, and trading addresses so your notice lands with the decision-maker rather than a generic inbox. Sending to the wrong party wastes time and can undermine any later claim.
03
Draft the notice carefully and proportionately. Set out the parties, the protected right, the infringing acts, and what you want the recipient to do, such as stop using the mark, remove listings, deliver up stock, or provide an undertaking. Keep the tone measured. Avoid sweeping threats of litigation, particularly for patents, trademarks and registered designs where the groundless threats regime applies.
04
Set a realistic deadline and method of response. Give the recipient a sensible window, often seven to fourteen days, to respond, remove infringing material, or enter discussions. Specify how they should reply and to whom. A reasonable deadline looks fair to a court later on, while an aggressive one can make you appear unreasonable if the matter escalates.
05
Send it properly and track what happens next. Send by a method you can evidence, such as recorded post, tracked courier, or email with delivery confirmation, and keep copies of everything. Diary the deadline and plan your next move in advance, whether that is negotiation, mediation, a formal letter before claim under the Pre-Action Protocol, or proceedings in the Intellectual Property Enterprise Court or High Court.
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Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
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