Trademark Infringement Notice – Stopping Copycat Brands, Look-Alikes and Passing Off

Under section 29 of the Trade Marks Act, 1999, a registered trademark is infringed when someone uses an identical or deceptively similar mark in the course of trade for identical or similar goods or services in a way likely to cause confusion — and, for well-known or reputed marks, sometimes even for dissimilar goods. Remedies include injunctions, damages or account of profits, and delivery up of infringing goods.

If your mark is not registered, you may still act against passing off — misrepresentation that harms your goodwill — but you must prove your reputation and prior use, which is harder. A notice typically sets out your rights, the infringing use, and demands that the other party stop using the mark, withdraw conflicting applications, remove listings and give written undertakings.

Online marketplaces and platforms have their own IP complaint processes, which can run alongside a notice. If the notice is ignored, a suit before the commercial court or High Court may follow, where urgent interim injunctions are possible.

Basis: Trade Marks Act, 1999 (sections 27, 28, 29, 134, 135); Commercial Courts Act, 2015; IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Last updated: 27 September 2026.