“Over 32,000 trademark infringement complaints were filed in India in 2024 — most by startups and SMEs.” — IP India Annual Report
You build a brand for years — invest in logos, packaging, marketing, and customer trust.
Then one morning, you discover another business selling nearly identical products using a confusingly similar name or logo.
Customers get misled. Your reputation suffers. Your sales drop.
This is not “competition.” This is **trademark infringement** — and Indian law gives you strong remedies to stop it.
That’s exactly what happened to a Surat textile brand in 2023.
Their competitor launched a copycat logo with just a tiny colour difference.
Customers started sending complaints — assuming the original brand was selling low-quality products.
The brand quickly filed an infringement suit and secured a **temporary injunction within 11 days**, forcing the copycat to stop manufacturing, selling, and advertising under that mark.
What Is Trademark Infringement Under Indian Law?
Under the Trade Marks Act, 1999, trademark infringement occurs when:
- Someone uses a mark identical or deceptively similar to your registered trademark
- Their use creates confusion among customers
- They use it without authorization
Two keywords matter most: “deceptively similar” and “likelihood of confusion”.
Registered vs Unregistered Trademark Protection
| Feature | Registered Trademark | Unregistered Trademark |
|---|---|---|
| Legal Remedy | Infringement suit | Passing-off suit |
| Burden of Proof | Easy — registration proves ownership | Hard — must prove goodwill & reputation |
| Damages | Higher chances | Lower chances |
| Protection Level | Strong | Limited |
What Counts as Trademark Infringement?
- Using identical brand name or logo
- Using similar-sounding name (e.g., “Bata” vs “Batta”)
- Copying packaging, colours, labels
- Creating lookalike website domains
- Mimicking social media handles/usernames
- Selling counterfeit products
- Unauthorized reselling under brand name
Courts look at the overall impression — not minor alphabet differences.
How to Prove Trademark Infringement (4 Essential Elements)
- Your trademark is registered (or has goodwill, if unregistered)
- The defendant is using a similar or identical mark
- The use is unauthorized
- There is likelihood of confusion among the public
If these four elements are satisfied, courts generally grant injunctions quickly.
How to Take Legal Action for Trademark Infringement (Step-by-Step)
Step 1: Collect Evidence of Infringement
- Product photos
- Receipts/invoices of infringing goods
- Screenshots of websites/social media
- Customer complaints
- Digital evidence with timestamps
Step 2: Send a Cease & Desist Notice
This formal legal notice demands the infringer to:
- Stop using the mark
- Destroy infringing material
- Provide written explanation
- Pay damages (optional)
In 40–50% of cases, businesses comply without litigation.
Step 3: File a Trademark Infringement Suit
You file a civil suit under Sections 29 & 134 of the Trade Marks Act.
Courts Can Grant:
- Temporary Injunction (stop use immediately)
- Permanently restrain the infringer
- Seizure of counterfeit stock
- Damages / account of profits
- Delivery/destruction of infringing goods
Most trademark cases hinge on the injunction — often granted in the first few hearings.
Step 4: File Criminal Complaint (Optional but Powerful)
Under Sections 103–105 of the Trade Marks Act, police can:
- Conduct raids
- Seize counterfeit goods
- Arrest repeat offenders
Many large brands use **criminal raids** to stop counterfeits quickly.
Step 5: Domain Name Disputes (UDRP/INDRP)
If someone registers a domain like yourbrand.in or yourbrandstore.com, you can file:
- INDRP (India domain dispute)
- UDRP (international domain dispute)
These proceedings often take 60–90 days.
Defenses Used by the Accused in Trademark Cases
- No similarity between marks
- No likelihood of confusion
- Mark is generic or descriptive (not distinctive)
- Prior use (they used the mark first)
- Fair use (comparative advertising)
- Different industry category
Courts evaluate these carefully — but evidence of confusion is extremely strong.
Documents Required for Filing Trademark Case
- Trademark registration certificate
- Logo files (original artwork)
- Sales/invoice proof of brand use
- Marketing material
- Evidence of infringement (photos, screenshots, buys)
- Customer feedback / confusion evidence
- Cease & desist notice copy
Expected Timeline for Infringement Cases (2025)
| Stage | Time Required |
|---|---|
| Cease & Desist Notice | 3–7 days |
| Temporary Injunction Hearing | 1–4 weeks |
| Trial | 1–3 years |
Practical Tips to Protect Your Brand (2025)
- Register your trademark in relevant classes immediately
- Renew your trademark every 10 years
- Monitor online marketplaces for copycats
- Register domain variations early
- Act quickly — delay weakens your case
- Maintain clear usage records (invoices, ads, packaging)
Conclusion
Trademark infringement is not a “small issue.” It directly attacks your revenue, trust, and brand reputation.
Indian law strongly protects registered trademarks — but only if you act fast, collect evidence, and enforce your rights.
Whether you’re a startup, SME, or established company, protecting your brand is not optional — it’s survival.
Disclaimer
Disclaimer: This blog provides general information about trademark infringement and legal remedies under Indian law.
It does not constitute legal advice. Trademark disputes vary significantly based on facts, registration details, and evidence.
Always consult a trademark or IP law specialist for case-specific guidance before taking legal action.
