Your trademark—whether it’s a logo, brand name, tagline, or symbol—represents your business identity and goodwill. If someone uses a similar or identical mark without permission, it can mislead customers and harm your reputation. This is called trademark infringement. Acting quickly is the key to protecting your rights.
Steps to Take When Trademark Infringement Occurs
1. Identify and Confirm Infringement
Not every similarity amounts to infringement. Consult an IP professional or lawyer to check:
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Is the infringing mark identical or deceptively similar?
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Is it being used for similar goods/services?
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Can it cause confusion in the minds of customers?
2. Collect Evidence
Gather proof of the infringer’s usage:
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Photographs, screenshots, invoices, advertisements, website links, or product samples.
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Any evidence showing customer confusion or loss to your business.
3. Send a Cease-and-Desist Notice
Through a trademark lawyer, issue a legal notice demanding the infringer stop using your mark.
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Many disputes are resolved at this stage.
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It shows you are serious about enforcing your rights.
4. Negotiation or Settlement
Sometimes the infringer may not have acted in bad faith. A negotiated settlement (like a license agreement or rebranding timeline) may save time and money.
5. File a Lawsuit for Infringement
If the infringer refuses to comply, you can file a suit in a District Court or High Court where you can seek:
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Injunction – to stop them from using the mark.
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Damages/Compensation – for financial loss and harm to goodwill.
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Delivery/Destruction – of infringing goods and packaging.
6. Take Preventive Measures Online and with Customs
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File a complaint with e-commerce platforms or social media for takedown of counterfeit listings.
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Record your trademark with Indian Customs to block imports of infringing goods.
When Should You Act?
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Immediately when you notice infringement. Delay can weaken your case.
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Before the infringer gains popularity or registers their mark.
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Even against small infringers—ignoring minor misuse may encourage bigger violations.
Conclusion
Trademark infringement is a direct attack on your brand’s identity. If someone uses your mark without permission, don’t ignore it. Act quickly, consult an IP lawyer, and enforce your rights. Timely action not only protects your reputation but also strengthens your brand value in the long run.