Someone is using your brand without authorisation — on their products, their packaging, or their social media accounts. Civil and criminal remedies exist. Speed of action determines the outcome.
Quick Summary
Trademark infringement in India is governed by the Trade Marks Act, 1999. Infringement occurs when a person uses a mark identical or deceptively similar to a registered trademark in the course of trade in relation to the same or similar goods or services without the proprietor's consent. The proprietor of a registered trademark has the exclusive right to use the mark and can seek injunctive relief, damages, and delivery up of infringing goods. An unregistered trademark is protected under the common law tort of passing off, which requires proof of goodwill, misrepresentation, and resulting damage.
Infringement proceedings are filed before the District Court or High Court having jurisdiction. Interim injunctions are routinely sought at the initial stage to prevent continued use. Criminal proceedings under Section 103 (falsifying trademarks) and Section 104 (falsely applying trademarks) provide an additional deterrent. The Trade Marks Registry under IP India administers trademark registrations and handles opposition and rectification proceedings.
Key references: IP India · Trademark Search · Trade Marks Act, 1999 · Kerala High Court · Last reviewed: June 2026
The office is located in Kakkanad, Ernakulam. Trademark infringement matters and passing-off actions are litigated before the District Courts and Kerala High Court at Ernakulam. Interim injunctions for trademark protection are urgently applied for before the District Courts and Kerala High Court.
Under Section 29 of the Trade Marks Act, 1999, a registered trademark is infringed when any person uses, in the course of trade, a mark identical or deceptively similar to the registered mark in relation to identical or similar goods or services, where such use is likely to cause confusion in the mind of the public.
The Act deems the following to constitute use of a mark:
An unregistered trademark owner can sue for passing off — a common law tort that protects goodwill and reputation in a mark. The three-part test, settled in Indian law following the UK House of Lords decision in Reckitt & Colman v Borden:
Passing off and infringement can both be pleaded in the same suit if the plaintiff's mark is registered. For unregistered marks, passing off is the only route.
Where the infringement is causing immediate and irreparable harm — counterfeit products flooding the market, a social media account impersonating the brand — the plaintiff can approach the court for an ex parte ad interim injunction. This is a temporary injunction granted without notice to the defendant, based on the plaintiff's case alone, and can be obtained within hours of filing in urgent cases. The defendant is then served and heard on the continuation of the injunction. This is the most powerful tool available at the outset of an infringement action.
Trademark infringement on online platforms requires a parallel strategy alongside court proceedings:
Registered trademark owners can use Amazon Brand Registry and Flipkart's brand protection portal to file infringement reports for takedown of counterfeit or unauthorised listings. A valid Indian trademark registration in the relevant class is required. The office prepares and files the infringement report with evidence. Platform takedowns are fast — 24 to 72 hours in most cases — but do not prevent the infringer from relisting. Repeat infringers require court proceedings with an injunction order that can be served on the platform.
Meta and Google have IP reporting tools for takedown of infringing content, brand impersonation accounts, and counterfeit product promotion. Evidence of trademark registration and the specific infringing content must be provided. For organised impersonation campaigns, a court injunction naming the platform as a third party can be sought under Section 106 of the IT Act.
Domain names incorporating a registered trademark can be challenged through UDRP proceedings (for .com, .net, .org) or through the INDRP (for .in domains). The complainant must prove the domain is identical or confusingly similar to their mark, registered in bad faith, and being used in bad faith. This is faster than court proceedings and can result in transfer or cancellation of the domain within 60 days.
The longer infringement continues, the greater the damage to brand value and the stronger the infringer's position becomes. An ex parte injunction can be sought within 24 hours of instruction in urgent cases. The office advises on the most effective combination of court proceedings and platform enforcement for your specific situation.
Contact the Office Trademark Objection & Opposition