You spent years building your brand. You registered your trademark. And now, someone is using it — your name, your logo, your mark — on their products, in their advertising, on their website. Without your permission, without any legitimate basis.
This is trademark infringement. And you have the law on your side.
What Constitutes Infringement Under Indian Law?
Section 29 of the Trade Marks Act, 1999 defines trademark infringement as the unauthorised use of a registered mark (or a deceptively similar mark) in the course of trade, in relation to identical or similar goods or services.
The key elements are:
The mark used must be identical or deceptively similar to the registered mark. It must be used in the course of trade — commercial use, not purely private. It must be for goods or services identical or similar to those covered by the registration. It must be without the consent of the registered proprietor.
For well-known trademarks, the protection extends further: even use in completely different classes can constitute infringement if it is likely to cause confusion or dilute the distinctiveness of the well-known mark.
Civil Remedies
The primary route for most trademark infringement cases is a civil suit. The remedies available include:
Injunction: This is the most important remedy. A court can issue an order preventing the infringer from continuing the infringing act. The injunction can be interim (granted before the trial concludes) or permanent (granted after trial).
An interim injunction is particularly valuable. Courts will grant it if the trademark owner can show a prima facie case of infringement, that the balance of convenience favours granting the injunction, and that the owner will suffer irreparable harm if it is not granted. In clear-cut cases, interim injunctions can be secured within days.
Damages or account of profits: The trademark owner can claim financial compensation for losses caused by the infringement, or an account of profits — meaning the infringer is required to hand over the profits they made from the infringing use.
Delivery up and destruction: The court can order the infringing goods, materials, and instruments to be delivered to the trademark owner or destroyed.
Legal costs: Courts may award costs against the infringer in favour of the trademark owner.
Criminal Remedies
Trademark infringement is also a criminal offence under Sections 103 to 105 of the Trade Marks Act. The penalties include:
Imprisonment of not less than six months and up to three years. Fines ranging from ₹50,000 to ₹2 lakh.
For counterfeiting — using a mark identical to a registered trademark on infringing goods — the law provides enhanced penalties.
Trademark infringement is a cognisable offence, which means the police can take action without a court warrant. An FIR can be lodged with the police, or a complaint can be filed directly with a magistrate.
Criminal action is particularly effective in cases involving organised counterfeiting or large-scale infringement.
Customs Recordal
For businesses that face importation of counterfeit goods, recording your trademark with the Customs authorities (under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007) is an extremely effective tool.
Once your mark is recorded, Customs officers can detain shipments containing infringing goods at the border — before they enter the Indian market. This cuts off the supply chain at the source.
Online Infringement
Digital infringement — e-commerce listings, social media profiles, sponsored ads using your trademark — is increasingly common. The remedies here work through a combination of legal action and platform mechanisms:
E-commerce takedowns: Major platforms like Amazon, Flipkart, and Meesho have brand protection programs that allow registered trademark owners to report and remove infringing listings.
Social media reporting: Platform-level reporting mechanisms allow removal of infringing profiles and content.
Domain name disputes: If someone has registered a domain name incorporating your trademark, INDRP (for .in domains) and UDRP (for international domains) provide arbitration mechanisms for reclaiming the domain.
Google Ads complaints: Google’s trademark complaint process allows owners to prevent competitors from using their trademark in ad copy.
The Importance of Acting Promptly
Indian courts take note of delay. If you become aware of infringement and do nothing for an extended period, the court may infer that you acquiesced to the infringement or that the harm was not as serious as claimed. This can weaken your case for an interim injunction.
Act quickly. Document the infringement. Collect evidence — screenshots, purchase records, product samples. Send a cease and desist notice. If the infringement continues, file suit.
The law is on your side. But it rewards those who enforce their rights promptly and decisively.