Golden Verdict
Intellectual Property

Defend your brand against trademark infringement.

Trademark infringement — whether online or offline — dilutes your brand and deceives consumers. Our IP litigation team issues cease-and-desist letters, files criminal complaints, and appears before courts and the IP office.

Pricing

Pricing tailored to your specific requirements

Trademark Infringement

Infringement Analysis in 15 Days*

*Timeline is indicative and may vary based on document verification and government processing.

Trademark Infringement Under Indian Law

Trademark infringement occurs when a person uses a mark that is identical or deceptively similar to a registered trademark — in respect of the same or similar goods or services — without the registered proprietor's permission. Under Section 29 of the Trade Marks Act, 1999, infringement includes: use of an identical mark for identical goods/services, use of a similar mark causing likelihood of confusion, use of a well-known trademark even for dissimilar goods (dilution), and oral use of a mark. Passing off (an equitable remedy) is available even without registration — when someone misrepresents their goods as those of another. Remedies include injunctions, damages, account of profits, delivery up of infringing goods, and criminal penalties (imprisonment up to 3 years and fine up to ₹2 lakh).

Enforcement Options

Cease-and-Desist Letter:

Formal legal demand to immediately stop infringing activity — the first step in most cases. Often resolves without litigation through undertaking or negotiated settlement.

Online Platform Takedowns:

Brand protection reports filed on Amazon Brand Registry, Flipkart Brand Protection, Meta IP Reporting, and other platforms to remove infringing listings and social media posts.

Civil Infringement Suit:

Filed before the District Court or High Court claiming interim and permanent injunction, damages or account of profits, and delivery up/destruction of infringing goods.

Criminal Complaint:

Police complaint under Sections 103/104 of the Trade Marks Act for trafficking in counterfeit goods — leading to arrest, seizure, and prosecution.

Customs Border Enforcement:

Recordal of trademark with Indian Customs (CBIC) to detain counterfeit imports at the border — particularly effective for counterfeit goods imported from China and Southeast Asia.

Signs Your Trademark is Being Infringed

  • Similar brand name used by a competitor in your product category
  • Counterfeit products bearing your trademark sold online or offline
  • Deceptively similar logo or packaging misleading consumers
  • Domain name containing your trademark registered by a third party (cybersquatting)
  • Social media accounts using your trademark or brand name
  • Wholesale markets and local shops selling products under your mark

How It Works

1

Share Your Details

Fill a short form or call us. We collect your requirements and all documents online — no physical visit needed.

2

Expert Assignment

A dedicated specialist with expertise in your service category is assigned to your case within 24 hours of payment.

3

Work in Progress

Your expert prepares documents, files applications with the relevant authority, and follows up on your behalf.

4

Delivery

Your registration certificate, legal document, or filed return is delivered digitally to your Golden Verdict dashboard.

Intellectual Property service

Get Your Brand Protected Without Any Hassle

Infringement analysis, cease-and-desist letters, civil suits (injunction + damages), criminal complaints, and online platform takedowns — full enforcement.

Pricing

Custom Quote

Pricing tailored to your specific requirements

Why Golden Verdict For
Trademark Infringement?

Golden Verdict's IP litigation team handles all aspects of trademark enforcement: infringement analysis, cease-and-desist letters, online platform takedowns (Amazon, Flipkart, Instagram), civil suits before the District Court and High Court, criminal complaints with the police, and customs border enforcement (recordal with Indian Customs to detain counterfeit imports). We also defend against infringement claims — invalidity search, non-infringement analysis, and prior use evidence.

A trademark not enforced is a trademark not protected. Golden Verdict enforces yours.

Expert legal team at Golden Verdict

Frequently Asked Questions

What is the difference between trademark infringement and passing off?+
Trademark infringement is a statutory cause of action under the Trade Marks Act — available only to the owner of a registered trademark. Passing off is a common law action — available even without registration — based on misrepresentation that causes damage to goodwill. Both actions can be filed simultaneously. Passing off is valuable when the trademark is unregistered or the registration is pending.
What remedies are available for trademark infringement?+
Civil remedies: Interim injunction (immediate stop order), permanent injunction, damages or account of profits, delivery up of infringing goods, costs. Criminal remedies: Complaint to police for Section 103/104 TM Act offences — imprisonment up to 3 years and fine up to ₹2 lakh for trafficking in infringing goods. Online remedies: Platform takedowns on Amazon, Flipkart, Instagram, etc.
What is an online brand protection takedown?+
E-commerce platforms and social media have brand protection programs (Amazon Brand Registry, Facebook IP Reporting, Instagram IP Portal) that allow registered trademark owners to report and take down listings or posts selling counterfeit goods or using your mark without permission. Our team files these reports and follows up on removals.
What is a cease-and-desist letter?+
A cease-and-desist letter is a formal legal notice demanding the infringer immediately stop using your trademark and provide undertakings not to continue. It creates notice (affecting criminal proceedings), establishes a paper trail for subsequent litigation, and often resolves infringement without court proceedings through negotiated settlement or licensing.
How quickly can I get an interim injunction?+
An ex-parte interim injunction (granted without hearing the other side, in urgent cases) can be obtained within 24–72 hours of filing in High Courts with IP jurisdiction (Delhi HC, Bombay HC, Madras HC). The injunction immediately restrains the infringer from using the mark pending the main suit. Violation of the injunction is contempt of court.
Protect your brand

Ready to get your Trademark Infringement?

Trademark infringement — whether online or offline — dilutes your brand and deceives consumers. Our IP litigation team issues cease-and-desist letters, files criminal complaints, and appears before courts and the IP office.

“A trademark not enforced is a trademark not protected. Golden Verdict enforces yours.”

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