- Trademark Registration
- Trademark Search & Clearance
- Trademark Objection & Examination Reply
- Trademark Opposition & Rectification
- Trademark Renewal & Portfolio Management
- Trademark Assignment & Licensing
- Copyright Registration
- Industrial Design Registration
- IP Infringement & Enforcement
- IP Licensing & Commercialisation
- Technology Transfer Agreements
- Brand Protection & IP Strategy
IP Infringement & Enforcement
IP enforcement is the action a business takes when someone uses its trademark, copies its content or imitates its product without permission. In India the options run from a cease and desist notice and online takedown requests to a civil suit for an injunction and damages and, for counterfeiting and piracy, a criminal complaint.
Trademark infringement is defined in section 29 of the Trade Marks Act, 1999, and unregistered marks are protected through passing off. Copyright infringement is dealt with in sections 51 to 63 of the Copyright Act, 1957. Suits are heard by commercial courts under the Commercial Courts Act, 2015.
When you need it
When a competitor uses a similar name
A confusingly similar name or logo on the same kind of goods or services can be stopped, whether or not the copying was deliberate.
When counterfeits are sold online
Fake or look-alike listings on marketplaces and social media can be reported through the platforms’ own procedures and, if needed, through the courts.
When content or code is copied
Website text, images, course material, designs and software are protected by copyright from the moment they are created.
When a domain name copies a brand
A domain registered in bad faith can be recovered through the .in or international domain dispute procedures without a court case.
When you receive a notice yourself
A cease and desist letter needs a considered reply. Some claims are well founded, and some are not.
How the process works
Five stages. Most matters end at the notice or takedown stage.
- 1
Record the evidence
ImmediatelyCapture the infringing use before anything is said: dated screenshots, URLs, a test purchase with the invoice, and details of the seller. Evidence is hardest to collect once the other side knows.
Documents
- Registration certificates or application details
- Evidence of your own earlier use
- Screenshots, links and purchase records
- 2
Assess the rights and the risk
A few working daysCheck what is registered, in which classes and in whose name, how strong the claim is, and whether the other side has any defence, such as earlier use. A threat that cannot be backed up can itself be actionable.
- 3
Notice and takedown
Notices commonly give seven to fifteen days to respondSend a cease and desist notice that states the rights, the infringement and what is required. In parallel, file takedown requests with marketplaces, social media platforms, app stores and web hosts.
- 4
Negotiate or settle
Depends on the other sideMany infringers stop when notified. Where they respond, the outcome is usually a written undertaking to stop, with terms on existing stock, domain names and, sometimes, costs.
- 5
Court proceedings
Interim relief can be quick; a full trial takes much longerIf the infringement continues, file a suit for an injunction, damages or an account of profits, and delivery up of infringing goods. Where the matter is urgent, an interim injunction can be sought at the outset. For counterfeiting, a criminal complaint is a further option.
Common questions
Using, in the course of trade, a mark that is identical or deceptively similar to a registered mark, for the same or similar goods or services, in a way likely to confuse the public. For marks with a reputation in India, section 29(4) extends protection to dissimilar goods.
Yes, through passing off. The business has to prove goodwill in the mark, a misrepresentation by the other side that is likely to deceive, and damage. It is harder to prove than infringement of a registered mark.
An injunction to stop the use, damages or an account of the infringer’s profits, and delivery up of infringing goods and labels for destruction. Courts also grant interim injunctions and, in suitable cases, orders to search premises and seize goods.
Applying a false trademark and selling goods with one are offences under sections 103 and 104 of the Trade Marks Act. Knowingly infringing copyright is an offence under section 63 of the Copyright Act. Both carry imprisonment and a fine.
In addition to the ordinary rules, section 134 of the Trade Marks Act and section 62 of the Copyright Act let the owner sue in the court where it carries on business. Suits of a commercial value above the threshold go to the commercial courts.
The limitation period is three years, and each fresh act of infringement gives a fresh cause of action. Delay still matters: a court is less likely to grant an interim injunction to an owner who knew of the use and waited.
Yes. Section 142 of the Trade Marks Act and section 60 of the Copyright Act let a person who receives groundless threats of legal proceedings seek a declaration, an injunction and damages. A notice should be sent only after the rights have been checked.
Related
To discuss an infringement, write to info@ireniclegal.com or call +91 96547 47331. Written by Adv. Kanika Marwaha Bindal; last updated 7 October 2026.