Aggressive defense of your intellectual property rights through oppositions, infringement litigation, and anti-passing-off actions.
On acceptance of a trademark under Section 20(1), it is advertised in the Trademark Journal. This acts as a public notice, allowing aggrieved parties to challenge the mark before it is formally registered.
Statutory Window
The mandatory advertisement period during which an Opposition (Sec. 21(2)) can be filed.
The Opposition must contain detailed grounds and all supporting facts. It can be filed only on the basis of:
Once a trademark is registered, the registered proprietor/owner gets exclusive rights to use it. If anyone uses or copies the mark without permission (prior use, agreement, assignment, or license), they are treated as infringers and such unauthorized use is called infringement.
In case of infringement, the registered proprietor can file a petition under Sections 27, 29, 102, 103 and seek damages under Sections 134 and 135 of the Trademarks Act, 1999 before the competent court.
Recovery of lost profits due to the infringer's unauthorized sales.
Compensation for damage caused to your brand's market reputation.
Court-ordered seizure and destruction of infringing goods/labels.
Recovery of costs associated with sending Cease & Desist notices.
Passing-off occurs when a person or party intentionally or unintentionally proposes its goods and/or services as being those of another person/party. This creates confusion and deception among users and traders, leading to financial losses to the original business.
Section 27(2) provides the legal arrangements against passing-off. Notably, in a passing-off action, the owner of an unregistered trademark (with established goodwill) tries to prevent others from using a deceptive mark for the sale of their goods.
A statutory right protecting a registered trademark. It requires proving the mark is registered and the infringer is using a deceptive copy.
A common-law right protecting unregistered trademarks. It requires proving established goodwill, misrepresentation, and actual/likely damage.
A registered trademark gives the proprietor exclusive rights to use it and to prevent unauthorized use. Copying or using the mark, whether knowingly or unknowingly, causes loss to the owner and leads to infringement, passing off, dilution, and other violations.
Proceedings may be filed before the District Court, and in high valuation matters, directly before the High Court of the concerned state.
A registered trademark is not immune forever. It can be cancelled or removed from the Register by an aggrieved or interested person based on specific statutory grounds.
Obtained improperly or fraudulently.
Non-use for a continuous period of five years.
Causes public deception or confusion.
No longer fulfills legal requirements under the Trademarks Act, 1999.
Filing the prescribed application before the Trademark Registry.
Both parties file pleadings and produce evidence to support their case.
Arguments are presented before the Registrar, and an order is passed.
If successful, the mark is officially removed from the Register.
Whether you are defending against an infringement or protecting your mark from opposition, our litigation team is ready to secure your business legacy.
Common questions about trademark disputes and enforcement in India.
Last updated: July 2026
Haven't registered yet? Read our Complete Guide to Trademark Registration in India (2026) — registration is the first step to enforcing your trademark rights.