Notice of Infringement: Protecting IP Rights in the UK | LegalDocuments.co.uk

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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.