First, confirm it's actually infringement
Infringement under the Trade Marks Act requires a registered mark, use of the same or a deceptively similar mark, on the same or similar goods or services, in a way likely to confuse. If your mark isn't registered yet, you're not without options — Indian law also recognises a common-law action for passing off, built on proving reputation, misrepresentation, and resulting damage rather than a registration certificate. A registered mark makes the case considerably easier to bring, which is one more reason clearance and filing shouldn't wait until a copycat actually appears.
Build the evidence file before you act
Before sending anything, collect dated screenshots of the infringing use — website, marketplace listing, packaging, or signage — along with purchase receipts or invoices showing the infringing goods were actually sold, and a side-by-side comparison with your registered mark and its registration certificate. Note when you first noticed the use; this record matters later if the dispute reaches litigation and the infringer argues delay or acquiescence on your part.
A cease-and-desist notice is usually the first move
A legal notice demanding that the infringer stop using the mark, and often demanding an account of profits or damages, is the standard opening step. It costs little relative to litigation, and in practice a meaningful share of infringers — particularly smaller sellers who adopted the mark carelessly rather than deliberately — comply once they realise the mark is registered and enforcement is being taken seriously.
If the notice doesn't work, civil remedies follow
A civil suit for infringement or passing off can seek an interim and permanent injunction stopping further use, damages or an account of the infringer's profits, and an order for delivery-up or destruction of the infringing stock and packaging. Courts in India can and do grant ex-parte interim injunctions in clear-cut cases, which can stop the infringing sale within days of filing rather than waiting for a full trial.
Criminal action and customs recordation, where they fit
Sections 103 and 104 of the Trade Marks Act make the sale of goods bearing a falsely applied trademark a criminal offence, and a police complaint can trigger a raid and seizure independent of the civil suit — useful against large-scale counterfeiting rather than a single competitor's borderline branding choice. For counterfeit goods crossing the border, recording your trademark with Indian Customs under the IPR Rules lets customs officers intercept infringing imports and exports directly, without a case-by-case court order for each shipment.
Marketplace takedowns move faster than any of these
If the infringing sale is happening on Amazon, Flipkart, or a similar platform, their brand-registry or IP-complaint mechanisms typically remove a listing within days, well ahead of what a legal notice or court filing can achieve. Running a takedown request in parallel with the legal notice — rather than waiting for one to finish before starting the other — is standard practice and stops active harm the fastest.
Note: this guide is general information, not legal advice for your specific matter. Rules, fees and registry practice change. Before acting, speak to us about your situation.