Trademark infringement in India — first steps when someone copies your brand name or logo (and what to do if you get a notice): Trade Marks Act ss.27–29, 134–135, passing off, cease-and-desist, Section 12A mediation, police route ss.103–115 (2026)
Plain map for small businesses, shop owners, start-ups and online sellers: how to check whether your mark is registered and what it covers; infringement of a registered mark (Section 29) vs passing off of an unregistered mark (Section 27(2)); evidence to collect; the cease-and-desist letter; the civil suit in a District Court or Commercial Court (Sections 134–135) and pre-institution mediation under Section 12A of the Commercial Courts Act unless urgent relief is needed; the criminal route (Sections 103–104, police search only after the Registrar’s opinion — Section 115); online marketplace takedowns; and what to do if you receive a notice yourself, including the groundless-threats remedy (Section 142). Educational only — not legal advice; Adhiwakta does not send notices or file cases.
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Step 1 — Check what you actually own
Search the Trade Marks Registry public search on the IP India website (ipindia.gov.in) for your mark and for the other side’s mark: status (registered, objected, opposed, abandoned), class of goods or services, the date of application and the ‘user’ date claimed. A registration gives the owner the exclusive right to use the mark for the registered goods or services and to sue for infringement (Section 28). An application that is only ‘pending’ does not yet allow an infringement suit, but your earlier use can still be protected through passing off. Brand names, logos, labels, shapes and even colour combinations can be marks.
Infringement vs passing off
Infringement (Section 29) applies to a registered mark: someone, without permission, uses in the course of trade a mark that is identical with or deceptively similar to it for goods or services covered by the registration (and, in some situations, similar goods or a well-known mark). Passing off protects goodwill even without registration (Section 27(2)): you show that you had reputation and goodwill first, that the other side’s use misrepresents its goods as yours or connected with yours, and that this damages you or is likely to. Courts look at overall impression, phonetic and visual similarity, the class of buyers and the trade channels. A prior user can have rights even against a later registered owner (Section 34).
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Write in Hindi or English · general guidance, not legal advice
Step 2 — Collect evidence before you act
Keep dated proof of your own use: first invoices, GST and sales records, packaging, advertisements, website and social-media archives, and any registration certificate. For the other side, buy samples with bills, take dated screenshots of listings, websites and shop boards (with URLs), and note where and since when they are selling. Evidence of actual customer confusion — wrong orders, complaints, reviews — is very useful. Do not make allegations publicly on social media; that can lead to a defamation dispute.
Step 3 — Cease-and-desist letter
Many disputes start with a written notice that identifies your mark and registration or prior use, describes the copying, and asks the other side to stop, withdraw stock and listings, and confirm in writing within a stated time. A notice is not compulsory before a suit, and an aggressive or exaggerated notice can backfire: a person threatened with baseless infringement proceedings can sue for a declaration and injunction against groundless threats (Section 142).
Step 4 — The civil suit: where and what relief
A suit for infringement or passing off cannot be filed in a court lower than a District Court (Section 134). For a registered mark, the owner can also sue where it actually and voluntarily resides or carries on business (Section 134(2)). Most trademark disputes are ‘commercial disputes’ under the Commercial Courts Act, 2015 and go to the Commercial Court or a High Court with original jurisdiction where one exists (for example Delhi, Bombay, Madras, Calcutta). Reliefs include an injunction (including an interim or ex parte order), damages or an account of profits at the plaintiff’s choice, and delivery-up of infringing labels and goods (Section 135). Delay in acting can weaken an urgent-injunction request, so do not sit on it.
Section 12A — mediation first, unless urgent relief is needed
Section 12A of the Commercial Courts Act requires pre-institution mediation (usually through the Legal Services Authority) before a commercial suit, unless the suit genuinely contemplates urgent interim relief. The Supreme Court held this mandatory in Patil Automation v. Rakheja Engineers (2022), and in Novenco Building & Industry v. Xero Energy (2025) accepted that continuing IP infringement can justify urgent relief even where there was some delay — but a plaint must show real urgency, not just a routine prayer.
The criminal route
Falsifying or falsely applying a trade mark is punishable under Section 103 (imprisonment from six months up to three years and fine from ₹50,000 up to ₹2 lakh), and selling goods with a false mark under Section 104. These offences are cognizable, but before a police officer (not below Deputy Superintendent rank) searches and seizes goods without a warrant, the officer must obtain the Registrar’s opinion on the facts and follow it (Section 115(4)). Criminal action is usually used against clear counterfeiting, not honest disputes over similar names.
Online sellers, domains and marketplaces
Major marketplaces and platforms run their own brand-protection or IP complaint forms, and intermediaries must have a grievance officer under the IT Rules, 2021 — keep your registration certificate and listing links ready. Disputes over .in domain names go through the INDRP policy of NIXI. A platform takedown is not a court order, and the other seller can contest it.
If you received a notice or were sued
Do not ignore it, and do not sign any undertaking in a hurry. Check whether the other side’s mark is really registered and in which class, compare dates of use (yours may be earlier — Section 34), and preserve your own invoices and records. A reply can be sent within the time given. If a suit is filed, note the date for written statement — commercial suits have strict time limits. A registration can be challenged by rectification before the High Court (Section 57; the IPAB was abolished in 2021), and a pending infringement suit may be stayed while validity is decided (Section 124). Opposing a new application must be done within four months of its advertisement in the Trade Marks Journal (Section 21).
What this guide is not
It does not tell you whether two marks are deceptively similar, whether you will get an injunction, or what damages are possible — those depend on detailed facts and evidence. Registry fees, forms and court practice change, so check the current IP India and court rules.
How Adhiwakta can help
We do not search or file trademarks, send or reply to notices, file suits or complaints, or contact the other business. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- Someone is using my brand name. Can I sue if my trademark is not registered?
- You cannot sue for infringement of an unregistered mark, but you can bring a passing-off action if you show earlier goodwill and that the other side’s use misleads buyers (Section 27(2) of the Trade Marks Act, 1999).
- Which court hears a trademark infringement case?
- Not lower than a District Court (Section 134); for a registered mark the owner can also file where it resides or carries on business. Most such disputes are commercial disputes heard by a Commercial Court or a High Court with original jurisdiction.
- Is mediation compulsory before a trademark suit?
- Under Section 12A of the Commercial Courts Act, pre-institution mediation is mandatory unless the suit genuinely seeks urgent interim relief. The Supreme Court has accepted that continuing infringement can justify urgency, but it must be shown on the facts.
- What reliefs can a court give?
- An injunction (including interim or ex parte), damages or an account of profits at the plaintiff’s option, and delivery-up of infringing labels and goods (Section 135).
- Can I go to the police for a fake brand?
- Falsely applying a mark and selling such goods are offences (Sections 103–104), but police of DSP rank or above must get the Registrar’s opinion before a warrantless search and seizure (Section 115(4)). The criminal route is mostly for clear counterfeiting.
- I received a trademark legal notice. What should I do?
- Do not ignore it or sign anything in a hurry. Check the other side’s registration and class, compare your own dates of use, keep your records, and reply within the time given. Baseless threats can be challenged under Section 142.
- Does Adhiwakta send trademark notices?
- No. Adhiwakta does not send or reply to notices, file trademarks or cases, or contact businesses. Use Ask Adhiwakta or the AI helper for general educational guidance only.
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