What Should a Business Do If Another Company Uses Its Trademark?

A business name, logo, or product mark helps customers identify a company’s goods and services. When another business uses an identical or confusingly similar mark, customers may mistake one company’s products for another’s or question the source of the goods.

This can create concerns about brand identity, customer trust, and commercial relationships. However, not every use of a similar name automatically amounts to trademark infringement. The legal position depends on the mark, the goods or services involved, registration status, and the circumstances of the use.

If another company is using your trademark, understanding the available remedies under Indian law can help you decide how to protect your brand.

What Is Trademark Infringement in India?

Trademark infringement generally occurs when someone uses a mark in a way that violates the rights associated with a registered trademark under the Trade Marks Act, 1999.

Section 29 addresses infringement of registered trademarks. Depending on the circumstances, infringement may involve using an identical or deceptively similar mark for the same or similar goods or services in a manner likely to cause confusion or an association with the registered trademark.

For example, if a business uses a mark closely resembling a competitor’s registered brand on similar products, customers may believe the products come from the same source.

The legal assessment depends on the specific facts. Similarity alone does not automatically establish infringement.

1. Check Whether Your Trademark Is Registered

Start by confirming the status of your trademark and identifying the goods or services covered by the registration.

Under Section 28 of the Trade Marks Act, a valid registration generally gives the proprietor the exclusive right to use the mark in relation to the goods or services for which it is registered, subject to the Act’s provisions.

Review the registration certificate, the registered proprietor’s details, the mark itself, and the relevant classes of goods or services.

If the mark is not registered, protection may still be available through a passing-off action in appropriate circumstances. Section 27(2) preserves the right to bring an action against someone who misrepresents their goods or services as those of another person.

Registration status is important, but it does not resolve every dispute by itself. The nature of the use, the parties’ rights, and any applicable statutory defences must also be considered.

2. Collect Evidence of the Suspected Infringement

Before contacting the other company or starting legal proceedings, preserve evidence showing how the mark is being used.

Relevant records may include:

• Screenshots of the competing company’s website and product listings.
• Photographs of packaging, labels, advertisements, or storefronts.
• Copies of invoices or product catalogues, where available.
• URLs and dates showing the relevant online use.
• Your trademark registration certificate and brand-use records.
• Customer messages or complaints indicating possible confusion.
• Relevant correspondence with the other business.

Preserve original files where possible and record when the material was collected. If the dispute involves online listings, retain the page address and available details identifying the seller.

The evidence should establish the use being challenged and help assess whether it falls within the scope of your trademark rights.

3. Assess Whether the Use Amounts to Infringement

A trademark dispute requires more than showing that another company uses a similar word or design.

Relevant considerations may include:

• Whether your trademark is registered and valid.
• The similarity between the marks.
• Whether the goods or services are identical, similar, or otherwise covered by the relevant legal provisions.
• Whether the use is likely to cause confusion or an association with your brand.
• The way the mark appears in advertising, packaging, or commercial activity.
• Whether a statutory exception or other defence may apply.

Section 30 of the Trade Marks Act sets out limits on the effect of registered trademark rights, including certain uses that comply with honest commercial practices.

A lawyer can review these factors before recommending whether to send a legal notice, seek an injunction, or consider another remedy.

4. Consider Sending a Legal Notice

A cease-and-desist notice may be an appropriate first step in some disputes. It can identify the mark, explain the alleged infringement, and request that the recipient stop the challenged use or address the issue.

Depending on the circumstances, the notice may also request information about the use, withdrawal of particular marketing materials, or confirmation of steps taken to address the dispute.

A notice is not a substitute for court proceedings where urgent relief is needed. Nor does sending one guarantee that the recipient will comply.

Before issuing a notice, consider whether the evidence supports the claim and whether direct contact could affect evidence preservation or other legal strategy.

5. Understand the Legal Remedies Available

If the dispute cannot be resolved, a trademark owner may consider legal proceedings where the relevant requirements are met.

Section 134 of the Trade Marks Act addresses the court in which specified trademark infringement and passing-off suits may be instituted. Such suits must be brought before a District Court having jurisdiction under the applicable provisions.

Under Section 135, available relief may include:

• Injunction: An order restraining infringing use, where justified.
• Damages: Monetary compensation, where awarded by the court.
• Account of profits: An order addressing profits attributable to the unlawful conduct, where applicable.
• Delivery or destruction of infringing material: Orders concerning infringing labels and marks, as provided by law.

Interim relief may also be available in an appropriate case. The court decides whether the legal and evidentiary requirements are satisfied.

These remedies are not automatic. The available relief depends on the nature of the claim, the evidence, and the court’s assessment. <Cite refs={[“turn332128search2″,”turn332128search3”]}/>

What If Another Company Uses Your Trademark Online?

Trademark disputes may involve websites, social media accounts, online marketplaces, advertisements, or domain names.

Preserve the relevant URLs, screenshots, account identifiers, listing details, and available transaction records. Check whether the use is likely to mislead customers about the origin of goods or services or suggests an association that does not exist.

Depending on the platform and circumstances, you may be able to submit a complaint through the platform’s intellectual property reporting process. Court proceedings may also be considered where legally appropriate.

A platform complaint and a trademark infringement suit are different routes. The appropriate option depends on the evidence, the platform’s policies, and the legal rights involved.

How Can a Trademark Infringement Lawyer Help?

A trademark infringement lawyer can review registration records, assess the competing mark, examine evidence, and explain the legal remedies that may be available.

Legal assistance may include preparing notices, advising on settlement discussions, filing or defending infringement proceedings, and seeking interim relief where appropriate.

Wintrust Legal’s intellectual property lawyers in Chennai page provides information about its intellectual property practice, including trademark infringement matters.

Businesses seeking support with broader regulatory and intellectual property concerns may also refer to the firm’s regulatory lawyers in Bangalore page.

The appropriate approach depends on the registration status, the nature of the competing use, the evidence, and the applicable law. Legal representation cannot guarantee that an injunction, damages, or another remedy will be granted.