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Trademark Infringement in India: Protect Your Brand the Right Way

Q: Can I protect my brand if it's not registered?

Yes, you can. Even if unregistered, your brand can be protected through passing off and infringement of trademark remedies. You must prove the brand’s reputation, misrepresentation by others, and damage caused. However, it's harder to prove than registered infringement cases.

Q: Who can sue for trademark infringement?

The registered owner of the trademark is the primary person who can sue for infringement. Unregistered users cannot file an infringement claim, but may file a passing-off suit. Proof of ownership and usage is essential.

Q: How long does it take to resolve a trademark infringement case?

The timeline depends on the case's complexity and court workload. Trademark infringement cases may take 1 to 3 years on average. Interim injunctions are possible within weeks if urgency is proven. Fast resolution is rare but not impossible.

Q: What are the typical costs involved in a trademark infringement lawsuit?

Costs include court fees, legal charges, and documentation. Filing a suit is affordable, but legal representation and expert consultation raise costs. A typical trademark infringement case can cost from ₹50,000 to several lakhs, depending on duration and complexity.

Q: Is Trademark Infringement a Criminal Offense in India?

Yes, trademark infringement is a criminal offense under Sections 103 and 104 of the Trade Marks Act, 1999. The penalties for trademark infringement can include imprisonment for 6 months to 3 years and fines up to ₹2 lakh. Criminal complaints can be filed alongside civil suits, and police action may be taken, including raids, particularly in serious cases.

Q: What are the criminal remedies for trademark infringement in India?

Criminal remedies include filing FIRs, conducting police raids, and prosecuting offenders. This also applies to contributory infringement, where manufacturers, sellers, or distributors of counterfeit goods may face penalties. The aim is to deter further violations and ensure strict enforcement of trademark rights.

Q: What if I receive a trademark infringement notice?

Don't ignore it. Review the claims and consult a lawyer. A proper reply to a trademark infringement notice should address every allegation. You may deny, negotiate, or comply depending on the facts. Legal advice is essential before any action.

Q: Can a foreign trademark be protected in India?

Yes, but protection is limited without local registration. A foreign brand can register in India directly or through the Madrid Protocol. In some cases, well-known foreign marks are protected even without registration, using passing off and infringement of trademark claims.

Q: What is the “Rule of Safe Distance” in trademark law?

Once a court restrains the use of a mark, the infringer must stay far from it. Minor tweaks won’t help. Courts demand a safe distance between the original and the changed mark to prevent confusion and respect the trademark infringement section rulings.

Stop Trademark Infringement Before It Hurts Your Brand. RegisterKaro ensures swift legal action and strategic protection to uphold your trademark rights and reputation in India. What you get:

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What Sets Us Apart

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MCA Certified Experts

10,000+

Trusted Reviews

2500+

Monthly Clients Onboardings

Serving Businesses Across India

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Phone Number*

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Frequently Asked Questions (FAQs)

What is the difference between a registered and an unregistered trademark?

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A registered trademark gives legal protection under the Trademark Act of 1999. It allows the owner to sue for trademark infringement directly. An unregistered trademark doesn’t enjoy these statutory rights, but can still be protected through a passing-off claim, which requires proving goodwill, deception, and damage in court.

Can I protect my brand if it's not registered?

Who can sue for trademark infringement?

How long does it take to resolve a trademark infringement case?

What are the typical costs involved in a trademark infringement lawsuit?

Is Trademark Infringement a Criminal Offense in India?

What are the criminal remedies for trademark infringement in India?

What if I receive a trademark infringement notice?

Can a foreign trademark be protected in India?

What is the “Rule of Safe Distance” in trademark law?

What are common trademark infringement examples?

What are the civil remedies for trademark infringement?

What is contributory trademark infringement?

Are there any exceptions to trademark infringement?

What’s the benefit of registering my trademark?

Why Choose RegisterKaro for the Trademark Protection?

We simplify trademark protection so you can focus on growing your business. Here's what makes us stand out:

Real Legal Experts on Your Side: Our team of skilled trademark attorneys understands Indian IP law inside out. From searches to disputes, you get expert guidance at every step.
All-in-One Trademark Solution: Everything you need is under one roof, including registration, objection handling, monitoring, cease-and-desist notices, and litigation support.
Clear Communication, Always: No legal jargon. No confusion. Just timely updates, full support, and a dedicated expert helping you through the entire process.
Transparent Pricing That Fits Your Budget: No hidden costs, no surprises, just straightforward pricing you can trust.
Pan-India Presence, Local Expertise: We serve clients across all states. Whether you're in Mumbai, Delhi, or a Tier-3 city, we've got you covered.
Trusted by Thousands of Brands: From startups to established companies, we've helped thousands secure and defend their trademarks with proven results.

Why Choose RegisterKaro for the Trademark Protection?

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