Next step after Trademark Infringement in India

Next step after Trademark Infringement in India

Trademark infringement is a serious matter that can harm your brand reputation and bottom line. If you have discovered that someone is infringing on your trademark rights in India, it’s essential to take immediate action. In this blog, we’ll guide you through the steps you should take after trademark infringement in India.

Step 1: Gather evidence

Before taking any legal action, you need to gather evidence to support your claim of trademark infringement. Collect as much evidence as possible to show that the infringer is using your trademark without your permission. This can include photographs, samples of the infringing products or services, and any documentation that proves your ownership of the trademark.

Step 2: Send a Cease and Desist letter

Once you have gathered enough evidence, the next step is to send a Cease and Desist letter to the infringer. This letter should inform them that you are the owner of the trademark and that they are infringing on your trademark rights. The letter should also demand that they stop using your trademark immediately and provide a deadline for them to respond.

Step 3: File a Trademark Infringement Suit

If the infringer does not comply with your Cease and Desist letter, the next step is to file a trademark infringement suit. You will need to engage a trademark lawyer who can file the lawsuit on your behalf. The court will then issue a summons to the infringer, and a trial will be conducted to determine if there has been trademark infringement. StartUp Kro has a team of legal professionals who will help you at each and every step in filing the trademark infringement suit.

Step 4: Evidence and Trial

During the trial, you will need to present evidence to support your claim of trademark infringement. This can include the evidence you gathered in step one and any additional evidence you have since discovered. The infringer will also be given an opportunity to present their evidence and defend themselves against your claim.

Step 5: Injunction

If the court finds that there has been trademark infringement, it will issue an injunction to stop the infringer from using your trademark. The court may also award damages to compensate you for any losses you have suffered as a result of the infringement.

Step 6: Monitor Infringement

Even after the court has issued an injunction, it’s important to monitor the infringer to ensure they are complying with the court’s order. If you discover that they are still using your trademark, you can take further legal action to enforce the injunction.


Trademark infringement can have a significant impact on your brand, but taking swift and decisive action can help protect your rights. By following the steps outlined in this blog, you can take the necessary steps to stop trademark infringement and protect your brand reputation in India.

Also Read: Know all about GST Registration in India

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