Trademark Infringement in India: What You Need to Know – By Mark Shell & Associates

In today’s competitive market, your brand identity is everything. Your logo, name, slogan, or product design sets you apart from others. But what happens when someone else uses it—without your permission? That’s where trademark infringement comes in.

At Mark Shell & Associates, we help businesses protect their trademarks and take swift legal action when infringement occurs.

What is Trademark Infringement?

Trademark infringement occurs when a registered trademark is used by someone else without authorization, in a way that can confuse customers or dilute the brand’s identity.

For example:

  • Another business uses your logo or name on similar goods/services

  • A competitor launches a nearly identical product with similar packaging

  • Someone registers a domain name that closely resembles your brand

All these can harm your reputation, sales, and customer trust.


Trademark Protection Under Indian Law

Under the Trade Marks Act, 1999, trademark owners have the exclusive right to use their mark. Infringement is a civil offense, and owners can file a case to stop the misuse and claim compensation.

You can take action only if your trademark is registered with the Indian Trademark Registry. Unregistered trademarks may still get protection under passing off, but the legal process is more complex.


Common Types of Trademark Infringement

  1. Copying a Registered Mark

  2. Using Similar-Sounding Names

  3. Logo or Packaging Lookalikes

  4. Counterfeit Products

  5. Cybersquatting (domain name misuse)


What You Can Do if Your Trademark is Infringed

At Mark Shell & Associates, we help clients take fast legal steps, including:

Cease & Desist Notices
A formal legal warning to stop using your trademark.

Infringement Suit in Court
File a civil lawsuit seeking injunction and damages.

Police Complaint for Criminal Action
In severe cases like counterfeiting, criminal charges can also be filed.

Domain Dispute Resolution
We help you recover domain names misusing your brand under INDRP or UDRP.


How to Prevent Trademark Infringement

  • Register your brand early

  • Monitor competitors and online platforms

  • Use ™ or ® correctly

  • Renew your trademark on time

  • Work with a legal partner for enforcement


Why Choose Mark Shell & Associates?

  • Decades of experience in IP law & enforcement

  • End-to-end trademark services: registration, monitoring, litigation

  • Experts in infringement suits & domain disputes

  • Trusted by startups, SMEs, and multinational brands


Facing Trademark Infringement? Act Now

Don’t let others misuse your hard-earned brand identity. Whether you’re a new business or an established brand, Mark Shell & Associates can help you protect your trademark and take immediate legal action.

📩 Contact us today for expert consultation.

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