Introduction
In today’s competitive market, a trademark is more than just a brand name or a logo—it’s the very soul of a business. It represents goodwill, reputation, and the trust you’ve built with your customers. But what happens when someone tries to steal that identity? When an infringer counterfeits your products, mimics your logo, or uses a deceptively similar name, they are not only confusing consumers but also stealing your hard-earned value.
Indian law equips brand owners with strong remedies to restore their rights and protect their identity. Whether it’s luxury labels, tech brands, or local enterprises, rights holders can take civil, criminal, and administrative action to strike back against imitators and safeguard their market presence.
Understanding Trademark Infringement: The Foundation
Under Section 29 of the Trade Marks Act, 1999, trademark infringement occurs when a person, without permission, uses in the course of trade a mark that is:
- Identical to a registered trademark for identical goods/services
- Similar to a registered trademark for identical or similar goods/services, causing likelihood of confusion
- Identical or similar to a well-known trademark, even across different goods/services, causing unfair advantage or harm
Litigation Lawyer in Bangalore
1. Civil Remedies
Civil law is the primary shield against trademark infringement in India. Under Section 135 of the Trade Marks Act, 1999, courts can grant the following reliefs:
a. Injunctions
Courts can issue temporary or permanent injunctions under Order 39 Rules 1 and 2 (CPC) to restrain the infringer from continuing the unlawful use of the mark.
b. Damages
The court may award financial compensation to the trademark owner for loss of profits, loss of market share, or dilution of brand value.
c. Account of Profits
The infringer must pay the profits earned through the unauthorized use of the trademark.
d. Destruction of Infringing Goods
Courts can order removal or destruction of counterfeit goods, packaging, or materials from the market.
e. Anton Piller Orders
These are search and seizure orders issued before trial to prevent the infringer from hiding or destroying evidence.
2. Criminal Remedies
Indian trademark law also provides strong criminal penalties for deliberate infringement. Under Sections 103–105 of the Trade Marks Act, 1999, willful or commercial infringement attracts:
a. Imprisonment
- First-time offences: 6 months to 3 years
- Repeat offences: 1 to 3 years
b. Fines
- Ranging from ₹50,000 to ₹2 lakhs
- Higher fines for repeated violations
c. Seizure & Search
Police authorities can seize infringing goods upon receiving a valid complaint.
d. Penalties for False Trademarks
Selling goods with false trademarks or applying misleading descriptions is punishable under Section 104.
These criminal remedies help curb mass manufacturing, distribution, and sale of counterfeit products.
3. Administrative Remedies
Apart from courts, administrative bodies like the Trademark Registry and Customs Department offer important enforcement mechanisms.
a. Rectification of the Register (Section 57)
Anyone aggrieved can request the Registrar or High Court to rectify or cancel a wrongly registered trademark.
b. Opposition Proceedings
A trademark owner can file a notice of opposition within 4 months of the publication of a new trademark in the Journal if it is identical or deceptively similar.
c. Border Measures (Customs Act, 1962)
Customs can seize imported goods that infringe a registered trademark. Rights holders can register their mark with the Customs IPR Registry to block counterfeit imports.
Important Case Laws
Cadila Healthcare Ltd. v. Cadila Pharmaceuticals Ltd. (2001)
The Supreme Court emphasized that even the slightest confusion in pharmaceutical trademarks could lead to severe public health risks. The judgment laid down criteria for determining deceptive similarity.
Dabur India Ltd. v. Ashok Kumar & Others (2023)
The Delhi High Court issued strong orders against phishing websites misusing the “Dabur” brand. The court directed domain registrars to suspend infringing domains, showing proactive measures against online IP violations.
Conclusion
Trademark law in India offers a powerful and diverse set of remedies—civil, criminal, and administrative—to protect brand owners. Whether you’re a startup or a multinational, understanding these legal tools is essential to safeguarding your brand identity.
From securing immediate injunctions to prosecuting counterfeiters, Indian law ensures that you can take decisive action against infringement. Your trademark is a valuable asset—protect it before someone else tries to misuse it.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Privacy laws may vary based on circumstances and jurisdiction. Readers are advised to consult a qualified legal professional, such as Bisani Legal, for specific advice regarding data protection, privacy rights, or related legal concerns.
