Trademark Infringement enforce your rights — or defend a claim.
Legal action for trademark infringement and passing-off — cease and desist notices, civil suits in the District Court or High Court, Anton Piller orders, interim injunctions, and criminal complaints — for brand owners whose marks are being copied.
Contact UsTrademark infringement occurs when a person uses a mark that is identical or deceptively similar to a registered trademark in the course of trade — without the owner's consent — in relation to the same or similar goods or services. Passing-off is the equivalent common law remedy for unregistered marks — requiring proof that the plaintiff has goodwill in the mark, that the defendant's use constitutes a misrepresentation, and that the plaintiff has suffered or is likely to suffer damage.
Infringement is a serious commercial threat. Counterfeit products bearing a copied mark damage the brand owner's reputation, divert customers and revenue, and can expose consumers to harm if the counterfeit goods are of inferior quality. Swift, decisive legal action — starting with a cease and desist notice and escalating to civil and criminal proceedings where necessary — is the most effective deterrent.
At Beyonte Compliances, we co-ordinate trademark infringement action with our network of trademark attorneys — from the first cease and desist notice to ex-parte injunction applications, criminal complaints under the Trade Marks Act, and border enforcement through customs recordal.
What Our Trademark Infringement Service Covers
Infringement Assessment
Analysis of the infringing mark or use — confirming whether it constitutes infringement of the registered mark or passing-off of an unregistered mark, and assessing the strength of the claim.
Cease & Desist Notice
Drafting and sending a formal cease and desist notice to the infringer — demanding immediate cessation of use, withdrawal of goods from the market, and compensation — as the first step in enforcement.
Civil Suit — Injunction & Damages
Filing a civil suit before the District Court or High Court — seeking a permanent injunction against use of the infringing mark, delivery up and destruction of infringing goods, and damages or account of profits.
Ex-Parte Interim Injunction
Application for an urgent ex-parte injunction — obtained without notice to the defendant where the infringement is flagrant and delay would cause irreparable harm.
Anton Piller Order (Search & Seizure)
Application for a search and seizure order — enabling the plaintiff's representatives to enter the defendant's premises, seize infringing goods, and preserve evidence before the defendant can destroy it.
Criminal Complaint
Filing a criminal complaint under Section 103 of the Trade Marks Act — which makes infringement a cognisable, non-bailable offence punishable with imprisonment and fine.
Customs Recordal
Recording the trademark with Indian Customs to enable detention of infringing imported goods at the border — under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
Infringement Defence
Advising parties who have received a cease and desist or are named in infringement proceedings — assessing the strength of the claim and defending where the alleged infringement is not established.
Our Process
Infringement Assessment
Reviewing the registered mark, the alleged infringing use, and the relevant class — and advising on whether a civil or criminal action is appropriate.
Cease & Desist Notice
Drafting and sending the notice — with a clear deadline for compliance and an escalation plan if the infringer does not respond.
Court Filing
Preparing and filing the civil suit — with a plaint, supporting evidence, and an urgent application for an interim injunction.
Injunction Hearing
Appearing before the court at the interim injunction hearing — presenting arguments for immediate relief pending the full trial.
Final Relief & Enforcement
Prosecuting the suit to final judgment — or negotiating a settlement including a consent decree and compensation — and enforcing the court's order.
Why It Matters
Frequently Asked Questions
Protect your brand — take swift, decisive action against infringers.
Talk to our trademark team about enforcement action or infringement defence.