What to Do When Someone Uses Your Trademark

Introduction

In today’s competitive marketplace, trademarks are far more than simple symbols, logos, or brand names—they represent a company’s identity, reputation, and overall brand value. A trademark sets your products or services apart from competitors and builds a meaningful connection with your customers. It reflects the goodwill your brand has earned over time.

But what happens when someone uses your trademark without permission? Unauthorized use can mislead consumers, weaken your brand’s distinctiveness, and even damage your business. This article explains the steps you should take if your trademark is being used without consent.

If you’re dealing with unauthorized trademark use, take action promptly. Protect your brand and uphold your rights with support from IndiaFilings. Our expert team is here to guide you through trademark infringement issues and help secure your business. Contact our specialists today to safeguard your brand’s future!

Understanding Trademarks and Their Importance

Before exploring what to do when someone infringes on your trademark, it’s important to understand what a trademark is and why it matters. A trademark can be any sign, symbol, logo, name, or design that identifies and distinguishes the goods or services of one business from another. In India, trademarks are governed by the Trademarks Act, 1999, which establishes the legal framework for trademark registration, protection, and enforcement.

Why Trademarks Matter

Brand Identity: Trademarks give your products or services a unique identity, helping customers differentiate them in the marketplace.
Consumer Trust: A recognized trademark signals quality and reliability, building customer confidence and loyalty.
Legal Protection: Registering your trademark grants you legal rights to prevent unauthorized use or infringement.
Business Asset: A trademark is a valuable intangible asset that can appreciate over time, enhancing your brand’s overall worth.

Protecting your trademark is essential for maintaining your brand’s market position and reputation.
Also read: How to Protect Your Brand’s Reputation with a Trademark Infringement Notice

What Is Trademark Infringement in India?

Trademark infringement occurs when another party uses your trademark—or one that is deceptively similar—without your permission. The central question in determining infringement is whether consumers are likely to be confused or misled. If customers might mistakenly believe the infringer’s goods or services are associated with or endorsed by your brand, infringement has occurred.

Under Section 29 of the Trademarks Act, 1999, trademark infringement may involve:

Unauthorized Use: Using a mark identical or deceptively similar to a registered trademark without consent.
Similar Goods or Services: Using such a mark for goods or services identical or similar to those covered by the registered trademark.
Likelihood of Confusion: Any use likely to mislead consumers about the origin of goods or services.

Examples of Trademark Infringement

A competitor using a logo that closely resembles your registered logo.
Another business adopting a phonetically similar brand name for similar products or services.
Unauthorized use of your trademark in a domain name, leading to consumer confusion.

Legal Protection and Remedies for Trademark Infringement

Registering your trademark grants you exclusive rights to use it for the goods or services it represents. If someone infringes upon your trademark, the law provides several remedies.

Types of Legal Remedies

Civil Action: You may file a civil suit seeking an injunction to stop unauthorized use, claim damages for losses, or request an account of profits earned by the infringer.
Criminal Action: Under Section 103 of the Trademarks Act, you can file a criminal complaint. Penalties may include imprisonment (six months to three years) and fines (₹50,000 to ₹2 lakh).

While registered trademarks receive statutory protection, unregistered trademarks may still be safeguarded under the common-law principle of passing off, which prevents others from misrepresenting your brand.

Auriga Accounting pvt. ltd. can help you register your trademark and protect your business from potential infringements. Take proactive steps today to secure your brand!

Steps to Take If Someone Uses Your Trademark

If you discover that someone is using your trademark without authorization, it’s critical to act promptly to safeguard your brand and prevent further damage. Below is a streamlined, step-by-step guide outlining the actions you should take.

Step 1: Verify the Infringement

Before responding, ensure that actual trademark infringement has occurred.

Gather Evidence

Collect Proof: Compile all materials showing unauthorized use—photos, screenshots, product samples, URLs, advertisements, or packaging.
Identify the Infringer: Determine who is responsible. It could be a competitor, reseller, or individual user.
Assess the Scope: Identify how widespread the infringement is and whether it involves similar goods or services.

Evaluate the Infringement

Check Your Registration: Confirm that your trademark is valid, active, and covers the relevant goods or services.
Consider Consumer Confusion: Determine whether the unauthorized use is likely to mislead consumers—an essential factor in establishing infringement.
Measure the Impact: Assess damage such as loss of sales, dilution of brand distinctiveness, or reputational harm.

Step 2: Consult a Trademark Attorney

Trademark matters can be complex, so it’s important to seek professional legal guidance.

An experienced attorney can:

Evaluate the Strength of Your Case and the probability of success.
Explain Your Legal Options such as issuing a cease and desist letter, filing a civil suit, or pursuing criminal action.
Guide You Through Legal Proceedings and represent your interests if litigation becomes necessary.

Step 3: Send a Trademark Infringement Notice (Cease & Desist Letter)

Often, the first formal step is issuing a cease and desist letter informing the infringer of the violation and demanding that they stop immediately.

Key Elements of the Letter

Description of the Infringement: Clearly outline how the infringer is using your trademark illegally.
Demand for Cessation: Instruct them to stop all unauthorized use.
Deadline for Compliance: Provide a reasonable timeframe for them to respond and comply.
Warning of Legal Action: Notify them that failure to comply may lead to court proceedings.

A professionally drafted notice can often resolve the issue without litigation. IndiaFilings’ legal experts can assist you in creating, reviewing, and issuing a legally sound trademark infringement notice.

Step 4: Negotiate a Settlement (If Appropriate)

If the infringer responds positively, a settlement may be possible.

Potential Settlement Terms

Monetary Compensation for damages caused.
Licensing Agreement allowing continued use under agreed terms.
Immediate Cessation of Unauthorized Use.

Always have an attorney review any settlement to ensure your rights are fully protected.

Step 5: File a Civil Suit for Trademark Infringement

If the infringer refuses to comply or settlement isn’t possible, you may proceed with a civil lawsuit. This is typically filed in the District Court where the trademark owner resides or conducts business.

Possible Court Remedies

Permanent Injunction preventing future unauthorized use.
Damages for financial loss.
Account of Profits earned through infringement.
Delivery-Up Orders requiring the infringer to surrender or destroy infringing materials.

While litigation may take time, it is an effective enforcement tool.

Step 6: Consider Filing a Criminal Complaint

For serious violations—especially counterfeiting—a criminal complaint may be filed under Section 103 of the Trademarks Act.

Penalties May Include

Imprisonment: 6 months to 3 years.
Fines: ₹50,000 to ₹2 lakh.

Criminal action can serve as a powerful deterrent against future infringement.

Step 7: Monitor and Protect Your Trademark

After resolving the issue, continue monitoring your trademark to prevent future misuse. Proactive surveillance helps identify potential violators early and maintain the integrity of your brand.

Tips for Monitoring Your Trademark

Trademark Watch Services

Use a professional trademark watch service to receive alerts about new trademark applications or unauthorized uses that may be similar to yours. This helps you detect potential conflicts early.

Online Monitoring

Regularly check the internet, social media platforms, and major e-commerce websites for any unauthorized use of your trademark. Ongoing online vigilance can help you spot and address infringement before it escalates.

Market Surveillance

Monitor your industry and competitors to identify potential infringers. Staying informed about market activity ensures quicker detection of any misuse of your brand.

Also read: How Can You Maintain Your Trademark After Filing?

Preventive Measures

Register in Additional Classes or Regions

Strengthen your protection by registering your trademark in additional classes of goods or services or in other countries or regions where you operate. This reduces the risk of unauthorized use in broader markets.

Educate Employees and Partners

Ensure that your employees, distributors, and business partners understand the importance of trademark protection. Provide guidance on how to recognize and report any potential infringing activities.

About the Author

Vinod

Vinod is an experienced legal writer who breaks down complex legal concepts into clear, practical insights. He empowers entrepreneurs to understand their legal responsibilities and build confident, compliant, and sustainable businesses.

February 1, 2026