Trade Mark Litigation/Enforcement

Is someone trying to generate profit from your brand equity?

Today, threat of Intellectual Property infringement is increasing with each passing day as infringers find it easier and faster to take advantage of IP owner’s hard work in creating Intellectual Property sought to be protected. IPLF focuses on assisting a wide variety of clients in protecting their IP and associated know-how, and police the marketplace against infringements and unfair competitive practices. We take up responsibilities for such Trade Mark, Copyright, Patent, and Commercial Litigation matters, and have handled hundreds of Trade Mark Oppositions and numerous major litigation matters in various jurisdictions.

Our Services Include:

  • Undertaking Comprehensive Due-Diligence for Fact/Situation Analysis and Evidence Gathering
  • Complete Trade Mark Infringement Litigation Support
  • Representing Clients across Jurisdictions and Courts
  • Briefing Senior Counsels for Desired Orders
  • Conducting Trademark Investigation regarding potential/actual infringement for the purpose of initiating action against the same.

What Is The Process?

Information Gathering

Trade Mark Litigation Support Team undertakes comprehensive Due-Diligence for Fact/Situation Analysis and Evidence Gathering.


Litigation Team analyzes the sequence of events, strength of Trade Mark, Prosecution History, Reputation, Use Details, among multiple other parameters to assess the strategy with which the litigation is to be executed.


Litigation strategy is defined and implemented seamlessly for desired orders and relief.


Time varies from case to case

Details Required

As per the case.


1 Against an Infringement Suit what reliefs maybe granted by the Indian Courts?
  • Injunction against the use of the Trade Mark.
  • Damages, Accounts and Handing over of profits.
  • Appointment of local commissioner by the court for custody/ sealing of infringing material/ accounts.
2 What is the period of limitation for filing a Suit for Infringement of a Trademark in India?

3 Years from the date of infringement/misuse. Hence, every time a mark is misused a fresh cause of action arises.

3 What is the penalty prescribed under Criminal Laws for Infringement of a Trademark in India?

The penalty for selling or providing services using a false trademark is a minimum of six months and maximum of three years and with fine not less than Rupees fifty thousand but which may extend to Rupees two lakh.

4 What are the sources of Trademark Legislation?
  1. The national statute i.e., the Trade Marks Act,1999 and rules made there under .
  2. International multilateral convention.
  3. National bilateral treaty.
  4. Regional treaty.
  5. Decision of the courts.
  6. Office practice and rulings
  7. Decision of Intellectual Property Appellate Board.
  8. Text books written by academician and professional experts.
5 Does the Indian Trademark Law bestow protection to Unregistered Trademarks?

Information regarding the action of passing off against the infringement of an unregistered can be studied here.

6 Which courts are empowered to hear Trademark disputes?

No court lower than a district court can hear trademark disputes related to passing off and infringement. Therefore, a case relating to a trademark dispute can usually be filed in a district court. However, in India, a suit relating to trademark dispute can be filed in a high court with original jurisdiction (i.e., the High Courts of Delhi, Bombay, Madras and Calcutta).

7 Who can file a Trademark Infringement Action?

A registered owner of a trademark or a licensee (provided that the license agreement grants such right) which believes that its mark is being infringed may institute infringement proceedings.

8 What customs enforcement measures are available to halt the Import or Export of Infringing Goods?

The IP Rights (Imported Goods) Enforcement Rules 2007 empower customs officers to enforce IP rights over imported goods. The rules provide a detailed procedure by which a rights holder can register its IP rights with customs officials. This registration imposes an administrative duty on Customs to protect the rights holder against violation of its IP rights.

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9 What defences are available to Infringers?

The following defences are available to infringers:

  • delay and laches;
  • acquiescence;
  • honest and good-faith adoption and use;
  • differences in goods and services;
  • the nature of the product;
  • pricing; and
  • the absence of confusion or deception.
10 What is the appeal procedure for Infringement decisions?

An appeal from an original district court judgment goes to the relevant high court. An appeal from an original judgment or decree of a single bench of the high court (with original jurisdiction) goes to the division bench of the high court as a regular first appeal.

A judgment or decree in a regular first appeal can be challenged as a special leave petition before the Supreme Court. Once a special leave petition has been admitted by the Supreme Court, it is converted to an appeal.

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