Trademark Enforcement & Infringement Cases

  • Powerful injunction strategies (incl. John Doe)
  • Marketplace, social, search & app-store coverage
  • Options: stop, settle, or seek damages
  • Ongoing watch to prevent repeat infringement
  • Domain & DNS enforcement (INDRP/UDRP)
  • Pan-India counsel & raid coordination
  • Court-ready evidence kits & chain-of-custody
  • Rapid cease-and-desist & platform takedowns

Register Now






Support Languages: English | ಕನ್ನಡ | हिंदी | தமிழ் | മലയാളം | తెలుగు

Helpline: 9606277677
Enforcement Options MatrixDocuments RequiredTrademark Enforcement Process (Step-by-Step)FAQsTagsRegistrationsArticles
Trademark Enforcement & Infringement Cases

Trademark Enforcement & Infringement Cases

Trademark enforcement stops unauthorized, confusingly similar use of your brand. For registered marks you sue for infringement (Trade Marks Act, 1999); for unregistered marks you proceed for passing off. Core services include cease-and-desist notices, online takedowns (marketplaces, social, search, app stores), civil suits for injunctions/damages, criminal action for counterfeits, domain disputes (INDRP/UDRP), customs recordal, and ongoing watch & evidence logging. Process: assess & preserve evidence → send notice / urgent takedowns → negotiate or settle → file suit for interim/permanent relief (incl. John Doe orders where needed) → coordinate criminal raids/customs → close with compliance proofs and continuous monitoring.

Enforcement Options Matrix

PathUse WhenProsLimitsTypical First ResponseIndicative Cost*
Cease & Desist NoticeFirst strike; clear infringement; possible complianceFast, low costNot always effective2–5 business days₹7k–₹20k
Online TakedownListings/social/posts/apps/domains24–96h removals possiblePlatform-dependent24–96 hours₹5k–₹15k per platform
Civil Suit (Injunction/Damages)Urgent relief or damages neededCourt orders, strong deterrentTime & litigation cost2–6 weeks (interim)from ₹45k+
Criminal Action (Counterfeits)Fake goods, large scaleRaids, seizure, deterrenceEvidence heavy; police bandwidth2–8 weeks typicalfrom ₹25k+
Domain Dispute (INDRP/UDRP)Cybersquatting/confusing domainTransfer or cancel domainPanel fees; procedure bound45–75 daysfrom ₹35

Documents Required

  • Trademark registration certificate(s) or application details, class-wise use description
  • Brand use evidence: packaging/artwork, marketing creatives, website/app screenshots
  • Proof of reputation & prior use: invoices, sales data, ads, awards, media mentions
  • Infringement evidence: screenshots, URLs, purchase bills, marketplace order IDs, samples
  • Identity & address of complainant/entity; authorization/Power of Attorney (if represented)
Loading...

Trademark Enforcement Process (Step-by-Step)

  • Intake & Assessment

    We review your registration/use, evidence of infringement, risk, and goals (stop, settle, or pursue damages).
  • Evidence Preservation

    Dated screenshots, purchase invoices, test purchases, notarized prints, server headers, WHOIS/domain data, and chain-of-custody logs.
  • Strategy & Notice

    Cease & Desist / legal notice demanding immediate cessation, disclosures of sales, and undertakings; parallel online takedowns where urgent.
  • Negotiation / Settlement

    Undertaking, rebrand timelines, recall of stock, destruction certificates, or licensing (if commercially sensible).
  • Litigation (if needed)

    Suit for injunction/damages; urgent interim relief; John Doe/Ashok Kumar orders for unknown sellers; Anton Piller/Mareva applications in fit cases.
  • Criminal & Enforcement Actions

    Police complaints for counterfeits, raid coordination, seizure panchnamas, and follow-through.
  • Border & Domain Actions

    Customs IPR recordal; INDRP/UDRP complaints; host/DNS suspension.
  • Closure & Monitoring

    Compliance audit, destruction/delisting proofs, and ongoing watch to prevent recurrence.

Trademark Enforcement & Infringement Cases FAQs

What if my mark isn’t identical but similar?

You can still act where there’s likelihood of confusion based on overall impression, goods/services, and consumer perception.

Are settlements advisable?

Often efficient where intent isn’t malicious—secure undertakings, rebrand timelines, and costs.

Can I enforce outside India?

Yes—requires local counsel; we coordinate multi-jurisdiction strategy with local partners.

How do I stop repeat offences?

Combine court orders with marketplace watch, customs recordal, and periodic audits.

Will the court order destruction of goods?

Courts can order delivery-up & destruction of infringing materials.

Someone registered a similar domain.

File INDRP/UDRP for recovery/transfer, plus civil action if misuse/confusion exists.

What about Google Ads using my brand keyword?

You can seek ad policy enforcement and pursue legal remedies if ads cause confusion/passing off.

Can I remove listings from Amazon/Flipkart quickly?

Yes. With IP proof and correct forms, takedowns often occur within 24–96 hours.

What evidence helps the most?

Clean proofs of your use/reputation and clear, dated proofs of the infringer’s use—screens, invoices, samples.

Is criminal action necessary?

For counterfeits, criminal complaints help seize stock and deter repeat offenders, used alongside civil suits.

How fast can I get interim relief?

With a strong prima facie case and urgency, courts can hear interim injunctions within weeks.

Can I claim damages?

Yes—damages or accounts of profits plus costs; quantum depends on evidence of loss and infringer’s gains.

Will a legal notice always work?

Often yes, but persistent or malicious infringers may require court orders and/or criminal action.

What if the infringer is unknown or changes names?

Courts can grant John Doe/Ashok Kumar orders to act against unknown parties and new aliases.

Do I need a registration to act?

Registration lets you sue for infringement; without it, you can still sue for passing off if you have strong prior use and goodwill.

Register Now






TESTIMONIALS

WhatsApp
+91 9645850158
PhoneNumber
+91 9645850158
To The Top