Trademark infringement occurs when a person or business uses a registered trademark, or a mark that is identical or deceptively similar, without the owner's permission, in a way that is likely to confuse consumers about the source of the goods or services. The registered trademark owner can take legal action to stop the unauthorized use and seek remedies under the Trade Marks Act, 1999.

A common example of trademark infringement is when a business uses a brand name, logo, or packaging that is identical or deceptively similar to a registered trademark without the owner's permission, causing consumers to believe the products or services come from the original brand. For example, selling shoes under a logo that closely resembles a well-known sports brand could constitute trademark infringement if it is likely to confuse customers.

In India, trademark disputes generally fall into two categories: trademark infringement and passing off. Trademark infringement applies when a registered trademark is used without permission in a way that is likely to confuse consumers. Passing off protects the goodwill of an unregistered trademark against misrepresentation and consumer confusion. Both remedies help safeguard brand identity and business reputation.

Trademark infringement can be resolved by first sending a cease-and-desist notice to the infringing party. If the issue is not resolved, the trademark owner may file a civil suit seeking an injunction, damages, or other legal remedies under the Trade Marks Act, 1999. In appropriate cases, mediation or settlement may also help resolve the dispute without prolonged litigation.

Under the Trade Marks Act, 1999, trademark infringement and related offences involving false trademarks may attract imprisonment ranging from 6 months to 3 years and a fine of ₹50,000 to ₹2 lakh. In addition to criminal penalties, the trademark owner may seek civil remedies such as an injunction, damages, or seizure of infringing goods through the courts.

There is no fixed cost for a trademark infringement case in India. The total expense depends on factors such as the complexity of the dispute, court proceedings, evidence involved, and the professional fees charged by your legal representative. Initial costs may include sending a legal notice, while litigation expenses vary based on the nature and duration of the case.

Yes. If your trademark is registered, you can file a trademark infringement suit against anyone using an identical or deceptively similar mark without your permission. You may seek legal remedies such as an injunction to stop the unauthorized use, damages, or an account of profits under the Trade Marks Act, 1999. Even if your trademark is unregistered, you may still file a passing off action to protect your brand rights.

Yes, in appropriate cases, action may be possible through passing off if you can show goodwill, misrepresentation, and damage or likelihood of damage. Registration, however, makes enforcement stronger and clearer.

To avoid trademark infringement, conduct a trademark search before choosing a brand name or logo, select a distinctive mark, use the correct trademark class, and avoid names or logos that are identical or deceptively similar to existing registered trademarks. Registering your trademark and seeking professional advice before launching your brand can further reduce the risk of legal disputes.

First, collect evidence. Take screenshots, preserve product images, note website links, save invoices or listings, and avoid sending casual threats. Then get the matter legally reviewed.

Yes. A cease-and-desist notice is often the first step to stop unauthorised use and create a formal record before further action.

Yes. Unauthorized use of your trademark on social media, websites, online marketplaces, advertisements, or product listings can create infringement or passing off issues depending on the facts.

Civil action under Sections 134-135 seeks injunctions, damages, or account of profits for you as the trademark owner, while criminal action under Section 103 seeks imprisonment and fines against the infringer for falsifying or counterfeiting your mark. Both can be pursued simultaneously, and often are in serious counterfeiting cases.

The time required to obtain an injunction depends on the urgency and facts of the case. In urgent trademark infringement matters, courts may grant an interim injunction within a few days or weeks, and in some cases even at the first hearing. If the matter is contested, obtaining an interim injunction may take one to three months, while the overall lawsuit can take longer to conclude.

Under Section 103 of the Trade Marks Act, falsifying or falsely applying a registered trademark carries imprisonment of six months to three years and a fine between ₹50,000 and ₹2,00,000.Repeat offenders face enhanced penalties under Section 105, and the offence is cognizable, allowing direct police complaint and seizure.

Yes — most e-commerce marketplaces have brand registry and takedown mechanisms for verified trademark owners, and a formal legal notice or court order strengthens a takedown request considerably.We coordinate both the platform-level takedown and, where the misuse is significant, the underlying legal notice against the seller.

Costs vary significantly depending on whether the matter resolves at the cease-and-desist stage or requires a full civil suit, and we quote each stage separately so you're not committed to litigation costs upfront.Call +91-94636 40466 or write to info@lgassociates.org with details of the misuse for an honest first assessment.