Trademark Infringement Action

How It Works

1. 1

   Brand Monitoring and Evidence Collection

   Identify infringing marks through market surveillance, online monitoring, and customs watch services. Purchase infringing samples, preserve digital evidence, and document the scope and commercial scale of infringement.

2. 2

   Infringement Assessment and Strategy

   Analyse the degree of similarity between the registered mark and the infringing mark, identify the applicable provisions of the Trade Marks Act, 1999, and determine whether civil action, criminal action, or both are most appropriate.

3. 3

   Cease and Desist Notice

   Issue a formal legal notice citing registration details, specific infringing activities under Section 29 of the Trade Marks Act, and demanding immediate cessation, withdrawal of infringing goods, and compensation within a fixed deadline.

4. 4

   Online Takedown and Platform Action

   File infringement reports with e-commerce platforms, social media networks, and domain registrars citing the registered trademark to secure removal of infringing listings, accounts, and domain names.

5. 5

   Civil Suit and Injunction

   File a trademark infringement suit and simultaneously apply for an ad interim injunction before the competent District Court or High Court under Section 135 of the Trade Marks Act. In counterfeiting cases, seek Anton Piller orders for evidence seizure.

6. 6

   Criminal Complaint and Customs Enforcement

   File a criminal complaint under Section 103 before the Judicial Magistrate or approach police for search and seizure under Section 115. Record the mark with Customs under IPR Enforcement Rules to intercept counterfeit imports at ports of entry.