How to File a Trademark Infringement Complaint in India: Step-by-Step Guide

Last Updated on July 14, 2026

When someone uses a trademark that is the same as or similar to an existing trademark, a trademark infringement complaint can be filed. This is governed by the provisions of the Trade Marks Act, 1999, in India, which also established the Trade Marks Registry. This blog is aimed at Indian companies that require some actionable information about trademark protection. It also follows the structure of a legal blog with the requirement of SEO in mind, including user intent, steps of the process, remedies, and FAQs.

What is Trademark Infringement?

Trademark infringement is when an unauthorised person uses a trademark that is the same as or confusingly similar to a registered trademark, thus creating a chance for confusion in the minds of the consumers. As mentioned on the IP India trademark page, the Trade Marks Act, 1999 seeks to protect trademarks and avoid the wrongful usage of trademarks.

Why is Trademark Protection Important?

Trademark infringement may be harmful to the business because it may lead to loss of sales or dilution of the brand. Filing a complaint will help the trademark holder secure the right to autonomous usage of their trademark and put an end to the misuse as soon as possible.

Who Can File a Trademark Infringement Complaint?

The trademark owner has the right to file a complaint; in some cases, a duly authorised licensee may also be able to take legal actions. The complaint is usually filed in the location where the owner conducts business or where the cause of the complaint occurred.

Registered trademark owners have the strongest infringement claims. See our guide on trademark registration for beauty and cosmetics brands under Class 3 to secure your rights before enforcement becomes necessary.

Legal Basis for Filing a Trademark Infringement Complaint in India

In order for a complaint to be considered legitimate, it must be established that the complainant possesses a trademark that has been registered or some other type of legal claim to the trademark. In India, trademark enforcement is governed by the Trade Marks Act of 1999, which is the governing statute for the Trade Marker Registry (IP India).

Key Sections of the Trade Marks Act 1999 for Infringement Complaints

Section	What It Covers	Practical Importance
Section 29	Definition of trademark infringement	Determines if infringement has occurred
Section 30	Acts not constituting infringement	Defences available to the accused infringer
Section 103	Criminal penalty for the first offence	6 months–3 years imprisonment + ₹50,000–₹2 lakh fine
Section 104	Criminal penalty for repeat offence	Enhanced penalties for repeat infringers
Section 134	Jurisdiction for filing a civil suit	Plaintiff’s residence, business, or cause of action
Section 135	Civil reliefs available	Injunction, damages, accounts of profits
Section 136	Ex parte injunction	Emergency relief without notice to the infringer
Section 140	Delivery of infringing goods	Physical seizure of counterfeit products

Knowing these sections before filing helps you draft stronger complaints and prevents the court from dismissing them on technical grounds.

How to Identify Trademark Infringement?

1. Verify for either the same or similar usage

Search for a title, logo, motto, packaging method, or label to see if they resemble the registered trademark. The main concern in matters of trademark disputes is whether regular customers would be confused.

2. Analyse the goods and services

Infringement may occur if the other side uses the logo for similar products or services. In this case, even if the terminology differs, one can still create confusion.

3. Evaluate the overall market perception

Do not pay attention to one detail of the respective instances. Consider the appearance, sound, spelling, meaning, and trade channels of both terms, as the question of infringement is usually solved on a general market perception basis.

4. Verify if the use is illegal

The usage of your trademark is considered illegal if it is done by someone else without having permission to use it. In other words, use of your trademark without authorisation should be flagged immediately.

5. Collect proof of the wrongful use of the trademark

You should gather and save website screenshots, product pictures, screenshots of invoices, pages from online stores, snapshots of packing material, and consumers’ complaints.

Online Marketplace Enforcement

For e-commerce infringement (Amazon, Flipkart, Meesho, Instagram sellers), filing a court case isn’t always the first step. Most major platforms have IP infringement reporting mechanisms:

Platform	Mechanism	Response Time
Amazon India	Brand Registry + IP infringement form	24-72 hours for obvious cases
Flipkart	Legal notice to legal@flipkart.com + IP complaint form	Varies
Instagram/Facebook	IP reporting tool on Meta Business	24-48 hours
Meesho	Seller violation reporting	Varies

Platform takedowns are faster and cheaper than court proceedings for straightforward counterfeit cases. However, if the infringer appeals the takedown or the platform reinstates them, court action becomes necessary. Use platform enforcement and court proceedings in parallel, not sequentially, for maximum effect.

Differentiate between infringement and passing off

If your trademark is registered, you have a claim for infringement. If the trademark is not registered, then the situation falls under passing off.

Passing Off – Protecting Unregistered Marks

For unregistered trademarks, the remedy is “passing off”, a common law action based on three elements (established in Reckitt & Colman v. Borden and applied consistently by Indian courts):

Element	What You Must Prove
Goodwill	Your mark has acquired a reputation and recognition in the market
Misrepresentation	The infringer’s use is likely to deceive customers into thinking their goods/services are yours
Damage	You have suffered or are likely to suffer actual damage to goodwill

All three must be proven, unlike registered trademark infringement, where registration itself is strong prima facie evidence of rights. This is why getting your trademark registered early is so important; it converts a harder-to-prove passing-off case into a stronger infringement claim.

Documents Required to File the Complaint

In terms of documentation needed to launch a trademark infringement claim, a plaintiff will typically need to provide proof of the registration of the trademark as well as any past use of the trademark in business operations. Successful evidence is the resolution of ownership of trademark, usage of trademark, and customer confusion in the market.

Step-by-Step Process to File a Trademark Infringement Complaint

1. Collect Proof of Infringement: A plaintiff must compare the alleged infringing mark and the registered mark and gather as much evidence as possible, such as pictures of invoices and advertisements.
2. Gather Evidence: It is essential that you have strong proof of ownership, use, and confusion among customers in case the case is brought to court.
3. Dispatch a legal warning: A cease and desist letter is a standard first step before taking legal action. While not strictly necessary, sending such a warning usually stops the infringement right away and provides evidence of a prior warning.
4. Initiate the legal action: If the infringement continues, the owner of the trademark can take legal action by filing a civil claim seeking relief in a court of law. Legal literature provides detailed examples of claims filed at law seeking injunctive and other relief.
5. Obtain emergency protection: The owner of the trademark may seek an injunction and other protective orders to stop the infringement while the legal process is going on. This is especially important when the infringing products are on the shelves.
6. Obtain final redress: Eventually, the court may issue a permanent injunction, award damages, or order the destruction of the infringing products, depending on the facts of the case.

Civil Remedies Available for Trademark Infringement

Civil lawsuits are the most common way to fight trademark infringement, as they imply stopping infringement and compensating the owner. The litigation process usually involves sending a warning, filing a suit, getting temporary legal protection, presenting evidence, and requesting a final decision.

Criminal Remedies Available in Serious Cases

Criminal remedies may also be provided for under trademark law in more serious cases involving the counterfeiting and fraud of trademarks, which may be the chosen path only when the actions in question involve more than just mere infringement.

Filing a Criminal Trademark Complaint: Process and Penalties

Criminal action under Sections 103–105 of the Trade Marks Act 1999 is appropriate when infringement involves deliberate counterfeiting, not just accidental similarity.

Process:

1. File a complaint with the local Police Station (FIR under Sections 103/104) or directly before a Magistrate under Section 200 CrPC
2. Attach trademark registration certificate, evidence of infringement, and valuation of goods
3. Police may conduct a raid and seize counterfeit goods
4. The case proceeds as a criminal trial

Penalties under Section 103:

• First offense: Imprisonment 6 months to 3 years + fine ₹50,000 to ₹2 lakh
• Repeat offence (Section 104): Imprisonment 1 year to 3 years + fine ₹1 lakh to ₹2 lakh

Criminal proceedings run parallel to civil suits; pursuing both simultaneously is common and legally permissible. Criminal action has a stronger deterrent effect since it involves personal liability of company directors, not just the corporate entity.

Read our guide: How to Win a Trademark Infringement Case. Discover practical legal strategies, evidence requirements, and expert tips to strengthen your claim and protect your brand rights.

Where to File the Complaint and Jurisdiction Rules

A trademark litigation has to be brought in the court that has jurisdiction according to the provisions of the Trade Marks Act and the civil procedure rules, which include the place of residence of the trademark owner or the place of conduct of business, depending on the situation. Indian literature on trademark litigation emphasises the significance of territorial jurisdiction in the choice of venue.

Timeline and Practical Costs Involved

The timeline is determined by the quality of evidence, the response provided by the infringer, the number of pending cases in the court, and whether any urgent relief was provided at an earlier stage of the litigation. The costs vary according to the type of relief sought, registration fees, and attorneys’ fees, so it is better to think carefully about the drafting of a complaint before filing it.

Limitation Period for Trademark Infringement Suits

Under the Limitation Act 1963, a trademark infringement suit must be filed within 3 years from the date the cause of action arose — i.e., when you first became aware of the infringement.

Important nuances:

• Each act of infringement is a fresh cause of action; ongoing infringement restarts the limitation clock
• If the infringer has been infringing for years and you delayed, the court may reduce damages for the period of delay, even if the suit is within the limitation period
• Acquiescence: if you knowingly allowed infringement to continue without objection for a long period, the infringer may raise this as a defence.
• Sending a cease and desist letter restarts the limitation period for subsequent infringement

For online marketplace infringement where products have been listed for years, filing promptly after discovery, not after multiple warnings, is the safest approach.

Common Mistakes to Avoid

Do not file a case unless you have solid evidence about ownership and usage of the trademark. Don’t just look for brand similarities and think that the case will win for you without proper proof of confusion. Don’t forget about the cease-and-desist letter stage, where it may be possible to work out a settlement quickly, and make sure you select the correct court and remedy.

Benefits of Filing on Time

Filing on time prevents customer confusion, protects against losses, and protects your brand image before any more damage occurs. It is also a good way to show that a company is defending its intellectual property.

How to Protect Your Brand After Filing?

1. Keep an eye on the market – Stay updated on ecommerce sites, social media networks, suppliers, and local marketplaces for any new misuse. A single complaint does not stop a new infringement from happening.
2. Save records – Maintain a log of all evidence by taking note of every screenshot, letter, response, invoice, and sample. Documentation is very useful when there is a need to secure a court order and show a pattern of infringement.
3. Keep track of all unauthorised sellers – Compile a database of all sellers, websites, and pages that have used the trademark. This will enable you to trace whether the problem is with one person.
4. Look for confusing differences – Infringers usually make minor alterations so as not to reproduce the original mark, making it crucial to be on alert for look-alikes.
5. Regulations on trademark usage – One way to avoid trademark opposition is to make sure that the mark is used in a consistent manner on packaging, invoices, website, and advertising. A consistent use of a mark is important for the development and maintenance of a business.
6. Enhance coverage where necessary – As the brand grows, other class categories, logos, taglines, and product lines may also require trademark protection. Wider coverage will prevent gaps in trademark enforcement in the future.
7. Quick action against new violations – It is important to act immediately in case of new trademark violations. By taking timely measures against violations, one can gain an upper hand over the offender.

Practical Scenario

The registered company finds a seller on an online marketplace that is using a similar logo and packaging. The owner of the trademark should take screenshots and collect proof of the product sold by the infringer.

How Kanakkupillai Can Help?

1. Trademark infringement clarification – Assistance can be obtained from Kanakkupillai in determining if there has been actual infringement against you and if it is indeed passing off or resemblance. This allows you to decide the course of action early on.
2. Evidence-gathering assistance – Kanakkupillai’s team can help in compiling the required graphic images or screenshots, bills, or any relevant documents that will act as strong proof against misuse.
3. Drafting of legal notice – In the event of infringement against you, Kanakkupillai can prepare the cease-and-desist legal notice mentioning your rights, the breach and the demand.
4. Lawsuit drafting – If the problem continues, an entire suit can be created and filed with the appropriate position and facts.
5. Jurisdiction and Process Guidance – They provide assistance in finding the appropriate forum for resolving the matters, whether taking them to the court, utilising legal steps, or using structured enforcement procedures. This reduces the risk of wrongful filing or missing a procedure.
6. Brand Protection Strategy – Kanakkupillai enables companies to think beyond a mere complaint through the step of making a case for their trademark protection, checking misuse cases, and establishing a sound brand enforcement plan. This is useful for companies interested in continuous protection rather than job completion.
7. End-to-End IP Support – Since trademark disputes often overlap registration, advisory, and enforcement requirements, Kanakkupillai can provide wider intellectual property assistance as part of a complete brand protection workflow. This is useful for startups, SMEs, and growing companies as they have one service.

Conclusion

The conclusion drawn from the above cases shows that the best way to secure trademark infringement complaints is for the trademark owner to act promptly, ensure the preservation of evidence and take the correct step legally. Among all options, the Indian businesses must choose to ensure the availability of legal recourse by collecting evidence, sending a notice, and going ahead with the complaint or the suit under the Trade Marks Act.

Frequently Asked Questions (FAQs)

1. What is trademark infringement in India?

It is unauthorized use of a registered trademark, or a deceptively similar mark, that can confuse customers and harm the brand owner.

2. Do I need to send a legal notice first?

It is not always mandatory, but it is commonly done because it may resolve the issue without litigation.

3. Where can I file the complaint?

You can file in the proper court based on jurisdiction rules under trademark law and civil procedure, including where the owner carries on business in appropriate cases.

4. What remedies can I ask for?

Typical remedies include injunction, damages, and delivery-up or destruction of infringing goods.

5. What evidence should I collect?

Collect registration proof, product photos, screenshots, invoices, advertisements, and any communication showing the misuse.

6. Is this only for registered trademarks?

The strongest statutory infringement claim is generally tied to registered rights, though related passing-off remedies may also be relevant in some situations.

7. Can online infringement also be complained about?

Yes, online misuse is often handled by collecting digital evidence and then using legal notice, court action, or platform-based enforcement where appropriate.