Trademark Infringement Action in India
Someone is using your registered trademark without permission. Every day of delay is lost revenue and diluted brand equity. We take swift, proportionate action to stop infringement.
Stop trademark infringement now
Share the infringing use details. We will advise on the fastest and most effective remedy.
Talk to a CS →Every enforcement tool — from notice to court
Cease & Desist Notice
Formal legal notice demanding immediate cessation of infringing use — the fastest first step.
Infringement Investigation
Evidence gathering on the infringing use, markets affected and extent of damage.
Opposition Filing
If the infringer has filed a trademark application — oppose it during the 4-month window.
Customs Recordal
Register your trademark with Indian Customs to intercept counterfeit goods at the border.
Civil Suit Advisory
Interim injunction, permanent injunction and damages claim — we prepare and coordinate.
Settlement Negotiation
Licensing or coexistence agreement negotiated where a commercial resolution is preferred.
Trademark infringement law in India
Registered Mark Required
Infringement action under the Trade Marks Act, 1999 is available only to the owner of a registered trademark.
Deceptive Similarity Test
Identical or deceptively similar mark used in the same or related class of goods/services.
Civil Remedies
Interim injunction, permanent injunction, delivery up of infringing goods and damages or account of profits.
Criminal Remedies
Counterfeiting is a criminal offence — FIR and prosecution possible for repeat infringers.
Interim Injunction
Courts can grant an ex parte interim injunction on short notice where infringement is clear.
Passing Off
Even without registration, prior use in India gives common law rights to restrain passing off.
Act quickly — delay can be used against you. Courts can refuse an interim injunction if there is unreasonable delay after discovering the infringement. Document the infringement immediately and seek advice.
Common errors in handling trademark infringement
Simple steps, no surprises
Infringement assessment
Review the infringing use, your registration status and the most appropriate remedy.
Cease & desist notice
Formal legal notice issued to the infringer demanding immediate cessation.
Evidence preservation
Infringing use documented, purchased or recorded for use in any further proceedings.
Enforcement action
Opposition, customs recordal, civil suit or settlement — depending on the infringer's response.
Other services you may need
Frequently asked questions
Using a mark that is identical or deceptively similar to a registered trademark in relation to the same or related goods/services — without the owner's permission.
Yes, for statutory infringement action under the Trade Marks Act, 1999. Without registration, you can bring a passing off action based on prior use, but this is harder to win.
An interim injunction from a District Court or High Court, which can be granted ex parte (without the infringer being heard) in urgent cases.
Yes. E-commerce platforms (Amazon, Flipkart, Meesho) have takedown procedures. Social media platforms also have IP reporting mechanisms. We prepare and file these takedown requests.
Registering your trademark with Indian Customs so that border officials can intercept and detain counterfeit goods at the point of import.
Yes. Counterfeiting a registered trademark is a criminal offence under Section 102 of the Trade Marks Act, 1999 — punishable with imprisonment and fine.
Actual damages, account of profits made by the infringer, delivery up of infringing goods and costs of proceedings.
Stop trademark infringement — take action today
Share the details of the infringing use. We will advise on the fastest and most effective remedy within one business day.