Trademark Infringement & Legal Notice
When another business uses your mark or a confusingly similar one, quick action protects your brand. We help you assess the case and send a firm legal notice.
Quick answer
Trademark infringement under Section 29 of the Trade Marks Act, 1999 occurs when someone uses an identical or deceptively similar mark, without permission, for the same or similar goods or services in a way that is likely to cause confusion. Registered owners can claim an injunction and damages, and unregistered brands can rely on passing off.
Key facts
- Registered trademark: remedy is an infringement action under the Act.
- Unregistered brand with goodwill: remedy is a passing off action under common law.
- A cease-and-desist or legal notice is often the first, cheaper step.
- Evidence matters: screenshots, invoices, dates of first use and proof of reputation.
- Court action needs a qualified advocate; we advise whether a notice or a filing is the right first step.
What counts as infringement
- Using an identical or near-identical name or logo for similar goods
- Selling counterfeit products under your mark
- Using your mark as a domain name, social handle or keyword in a way that misleads customers
Our approach
We review your registration or evidence of use, document the infringement, and draft a clear notice. Many disputes end in a written undertaking, a rebrand or a settlement without a court case.
How the process works
- Share the detailsSend the infringing name, links and your registration or proof of use.
- Assess the caseWe tell you how strong the claim looks and the best route.
- Send the noticeA formal notice demands that the use stop.
- Escalate if neededIf the notice is ignored, we guide you on the next legal steps.
Frequently asked questions
What if my trademark is not registered?
You may still act through passing off if you have goodwill, but registration makes enforcement much stronger and simpler.
Is a legal notice enough?
Often it is, but if the other side refuses, court action may follow.
Can I stop someone from using my brand as a domain name?
Possible routes include domain dispute procedures and legal action, depending on facts.
Talk to Trademark Wale
Share your brand name or application number on WhatsApp and get a clear, no-pressure answer on the next step.
WhatsApp usCall +91 90822 76901