Imagine building a brand with all your heart and struggling only to find out that someone else is using your name, logo, and fame to sell their own products! It’s upsetting right? Protecting your brand or business is not just about creativity; it’s about knowing your legal rights that help make your brand stronger and better.
Here I am sharing an insightful article related to Trademark Infringement in India Full Legal Guide that will teach you how to protect your brand legally.
We will also talk about how to take legal action against trademark infringement in India with legal solutions and with some examples.
What is Trademark Infringement?
Trademark infringement in India means using someone else’s brand logo, name without the real owner’s permission. If a person uses an identical logo or name or some other brand it can confuse the customers who sell or make the real product. This may lead to hurt the brand image in the market and also the customer base.
This is totally not allowed under the Trade Marks Act, 1999. Here the real owner has the right to take legal action against the person who is using his/her brand name or logo to sell their products or services.
| A recent data shows that the Ministry of Consumer Affairs logged around 17,000 cases against supplying of fake and duplicate goods (which can involve trademark infringement cases in India) from 2022 to mid 2025 including around 7000 cases in the first half of 2025 |
Trademark Infringement Section: In India trademark infringement is covered under Section 29 of Trade Marks Act, 1999.
Trademark Infringement Example:
Suppose a shop start selling tea under the name of “Tataa Tea” with a logo very similar to “Tata Tea” here customer might get confused who is the real Tata Tea brand. Using the name and logo very similar without the permission is “trademark Infringement” under Indian Law.
Punishment for Infringement of Trademark in India
Using someone else’s registered trademark without permission in India is a very serious crime. For that the Trademark Act 1999 is established to protect brand owners and allow them to file civil or criminal charges against the infringers.
Here are The Offences and Penalties Under Trademark Act:
Civil Charges:
If someone misuses or copies a trademark, the brand owner here can file a case in court and the court can order these measurements:
- Stop The Use: The other party must stop using the fake copied logo or name.
- Compensation: The infringers may have to pay the damages or losses caused.
- Seizure/Destruction: The fake copy goods or packaging must be destroyed or taken away.
Criminal Charges:
The trademark infringement punishment is a very serious action and you may have to face criminal charges for it. Police can take action and even arrest you if found guilty.
As per the section 103-105 of Trade Mark Act 1999. You may face jail term of minimum 6 months which goes up to 3 years as per the severity of the crime.
And you may have to pay a minimum fine of rupees 50,000 which can go up to 2 lakhs.
Police Action:
The local police have full authority to search or seize duplicate goods or products even without a warrant and these offences are non-negligible or bailable.
Remedies Available for Trademark Infringement
Now that we have talked about the criminal charges let us talk about the remedies for trademark infringement in India. These solutions aim to stop Infringement, compensate the trademark owner and so on.
The approach to trademark infringement varies based on its nature. Civil Remedies are normally sought when the trademark owner decides to file a legal complaint against trademark Infringement, seeking injunction against any further infringement, damages or profits derived from misuse, destruction of fakes, and reimbursement of attorneys’ fees.
Criminal Remedies apply where the infringement constitutes counterfeiting or willful misuse; in this instance, the offender could face imprisonment of between six months to three years, as well as fines of between ₹50,000 to ₹200,000, and the police are also allowed to seize the counterfeit goods and arrest the perpetrators.
Administrative Remedies would involve allowing the proprietor to file a rectification with the Trademark Registry to remove wrongfully registered similar marks or to alert Customs to prevent counterfeit goods from entering the country.
Finally, other ways of pursuing the matter without resorting to litigation include mediation and arbitration or opposition at registration stages, which result in quicker and more peaceful resolution of disputes.
Trademark Infringement Legal Help by Regible
Here Regible Trademark Legal Services offers complete Legal Solutions for Businesses by helping them manage or protect their brand or trademark by enforcing the legal rights. They assist you with trademark registration, company registration, startup registration, and many more. They also offer Trademark Violation Assistance where you will get assistance on how you can file for opposition and take the right step to counter the unauthorised use of the brand identity. Contact Regible LLP for expert assistance.
To Sum Up
Trademark Infringement is a serious offence and may lead to closure of your business. It’s better to know the law rightfully so you can protect your own brand name and logo legally and if you think you need any assistance on that, then Regible is here to provide trademark assistance so you can protect your brand image and customer base that you have built over the time.
FAQs: Trademark Infringement
Who is the best trademark infringement advisor in Guwahati Assam?
Regible Corporate LLP known as the best trademark infringement advisor in Guwahati Assam. They are known for trademark protection services.
Common defenses in India against Infringement for Trademark?
Some of the general defenses used are distinctiveness, prior user, lack of similarity, non-commercial use, and many more.
What does it take to win a trademark infringement case in India?
Infringement triggers “market reputation” as it is the corollary to “distinctiveness” and “identicality,” and this is where you win such a case.
Remedies and penalties against trademark infringement?
A variety of remedies are awarded by the courts for injunctions, damages, account of profits, destruction of offending goods, compensation, and legal costs incurred. Contact us Today for more information.
How to proceed if you are ever served with a trademark infringement claim?
You may have to prepare appropriate evidence and documentation. The immediate need must be considering the drafting and dispatch of a legal notice, moving the case quickly, and hiring an IP expert.
