What to Do If Someone Is Using Your Trademark Without Permission in India

You built your brand over years. You invested in your name, your logo, your reputation. And then you discover that someone else — a competitor, a fraudster, a bad-faith actor — is using your trademark without your permission. What do you do?

This guide gives you a clear, practical action plan — from documenting the infringement through to legal proceedings — and explains the remedies available to you under Indian law.

Step 1: Confirm It Is Actually Infringement

Before acting, establish that what you are seeing constitutes trademark infringement or passing off under Indian law. The analysis differs slightly depending on whether your mark is registered.

If Your Trademark Is Registered

Under Section 29 of the Trade Marks Act, 1999, infringement occurs when a person uses in the course of trade a mark that is:

• Identical to your registered mark in relation to identical goods or services
• Similar to your mark and used on identical or similar goods/services, where there is a likelihood of confusion
• Identical or similar to your mark and used on dissimilar goods/services, if your mark is well-known and the use takes unfair advantage of or is detrimental to its reputation

If Your Trademark Is Not Registered

Even without registration, you may have rights through passing off — a common law action that protects the goodwill and reputation you have built through actual use of your mark. Passing off requires you to prove: (a) you have goodwill in the mark, (b) the defendant has made a misrepresentation likely to deceive the public, and (c) you have suffered or are likely to suffer damage as a result.

Step 2: Document the Infringement Thoroughly

Before contacting the infringer or filing any legal action, document everything. Courts and lawyers need evidence of the infringement. Collect:

• Screenshots of the infringing use — websites, social media profiles, product listings (with the URL and date visible)
• Physical samples of infringing products or packaging (purchase them and keep the receipt as proof of sale)
• Photographs of the infringing signage, shop front or display
• Records of marketplace listings (e.g. Amazon, Flipkart, Meesho) with the seller's details if visible
• Domain registration records (WHOIS data) if the infringement involves a domain name

Do not confront the infringer before documenting — they may remove evidence quickly once they know they are being watched.

Step 3: Send a Cease-and-Desist Notice

In most cases, the first formal step is a cease-and-desist notice — a legal letter from your IP lawyer demanding that the infringer immediately stop the unauthorised use of your trademark. A well-drafted cease-and-desist notice:

• Identifies your trademark registration details
• Specifies the infringing use with evidence
• States the legal basis for your claim
• Demands cessation of use, delivery up of infringing goods and a written undertaking not to infringe again
• Sets a deadline for compliance (typically 7–14 days)

Many cases are resolved at this stage — particularly where the infringer is a smaller party who may have been unaware of your prior rights, or who simply decides the dispute is not worth the legal cost. A letter from a practising advocate on firm letterhead carries significantly more weight than a self-written demand.

Handling Online Infringement: Platforms and Domain Names

Online infringement is now the most common form reported to us. Here is how to address specific online scenarios:

E-Commerce Platforms (Amazon, Flipkart, etc.)

Most major platforms have a notice-and-takedown mechanism for IP owners. You can file a complaint through the platform's brand protection portal — Amazon Brand Registry, Flipkart Brand Protection Programme, etc. You will need your trademark registration certificate to file. Platforms typically take action within 24–72 hours of a valid notice.

Social Media (Instagram, Facebook, LinkedIn)

Each platform has an IP reporting mechanism. For trademark infringement (someone using your brand name or logo as their username, page name or in their profile), use the platform's official IP complaint form. Registration is again a significant advantage here.

Domain Name Disputes

If someone has registered a domain name that is identical or confusingly similar to your trademark, you can file a complaint under the INDRP (India Domain Name Dispute Resolution Policy) for .in domains, or ICANN's UDRP for .com domains. These proceedings are faster and cheaper than court litigation and can result in the domain being transferred to you.

Step 4: Civil Legal Action

If the cease-and-desist notice is ignored or rejected, or if the infringement is large-scale and urgent, the next step is to file a civil suit for trademark infringement (for registered marks) or passing off (for unregistered marks). The suit is typically filed in the District Court or High Court.

At the time of filing, you can simultaneously apply for an ex parte interim injunction — a court order issued without hearing the defendant first, requiring them to immediately stop the infringing activity. Courts grant these where the infringement is clear and the risk of irreparable harm is imminent. The injunction remains in force until the final hearing.

Available remedies in a trademark infringement/passing off suit include:

• Permanent injunction: A final court order prohibiting the defendant from ever using your mark again
• Damages: Compensation for the financial loss you suffered due to the infringement
• Account of profits: An order requiring the infringer to pay over the profits they made by using your mark
• Delivery up and destruction: All infringing goods, labels, packaging and materials are handed over and destroyed
• Legal costs: The court may award your legal costs against the defendant

Step 5: Criminal Prosecution

Trademark infringement in India is not just a civil wrong — it is also a criminal offence under Section 103 of the Trade Marks Act, 1999. Offences relating to counterfeiting, falsely applying a registered trademark, and selling goods with a false trademark carry imprisonment of up to three years and/or a fine.

Criminal complaints can be filed with the police (as a First Information Report) or with a Magistrate's Court directly. Criminal proceedings are particularly effective as a deterrent against large-scale counterfeiting operations.

Act Quickly — Delay Can Hurt Your Case

In trademark enforcement, delay works against the owner. The longer infringement is allowed to continue, the harder it becomes to obtain an urgent injunction, the more damage accrues, and the more established the infringer's use becomes in the market. If you have discovered infringement, begin documentation and seek legal advice immediately.

If you are not yet registered, this is also the moment to file — registration strengthens every enforcement option available to you. Learn about trademark enforcement and litigation → or read more on the IP Law Blog.