What is Trademark Infringement?
Trademark Infringement occurs when a person uses a mark identical or deceptively similar to a registered trademark without the owner's authorization, in relation to the same or similar goods or services, causing confusion among consumers. It is governed by Section 29 of the Trade Marks Act, 1999.
The moment you discover unauthorized use of your registered trademark, sending a formal Trademark Infringement Notice (Cease and Desist Letter) is the first and most important legal step. It puts the infringer on notice, creates a legal record, and often resolves the matter without costly litigation.
Types of Trademark Infringement
| Type | Description | Example |
|---|
| Direct Infringement | Unauthorized use of identical or deceptively similar mark for same goods/services | Selling shoes under a logo confusingly similar to Nike |
| Passing Off | Misrepresenting goods/services as those of the trademark owner (even unregistered marks) | Using packaging identical to a well-known brand |
| Vicarious Infringement | Controlling but failing to prevent another from infringing | Marketplace platform hosting counterfeit sellers |
| Contributory Infringement | Knowingly assisting or enabling infringement | Printer making labels for a counterfeit product |
When to Send an Infringement Notice
- Competitor using your brand name or logo (exact or similar)
- Counterfeit products bearing your registered trademark in market
- Unauthorized use of your mark on websites, social media, or packaging
- Domain name registrations using your trademark (cybersquatting)
- Use of your mark in advertising creating false association
Legal Penalties for Trademark Infringement (India)
| Remedy Type | Details |
|---|
| Criminal Penalty | Imprisonment up to 3 years and/or fine up to ₹2 Lakh (Section 103–104) |
| Civil Damages | Court-ordered monetary compensation for losses suffered |
| Injunction | Court order stopping the infringer from continuing use |
| Account of Profits | Infringer required to surrender all profits made from the infringement |
| Destruction Order | Court orders destruction of all infringing goods and materials |
Exceptions — What is NOT Infringement (Section 30)
- Use of mark to describe characteristics of goods/services (descriptive fair use)
- Use of own name or address in good faith
- Authorized use by a licensee under the trademark
- Use of identical marks on genuinely traded goods (parallel imports in certain cases)
