Trademark Infringement

Trademark infringement occurs when an unauthorized party uses a mark that is identical or confusingly similar to a registered trademark, in a manner likely to cause consumer confusion. Under the Indian Trademarks Act, 1999, registered trademark owners have the exclusive right to use their marks, and any unauthorized use can be legally challenged.

In practical terms, infringement includes copying a logo, brand name, or any distinctive mark on similar or related goods and services without permission. The law presumes that such unauthorized use leads to consumer confusion, damaging the trademark owners brand and goodwill. Even the use of a well-known trademark on different goods may amount to infringement if it unfairly exploits the original marks reputation.

This protection ensures that trademark owners can maintain their brand identity and prevent others from misleading consumers or benefiting from their established goodwill.

Trademark infringement happens when someone, without your permission, uses your registered mark in any of the following ways, as outlined under Section 29 of the Trademarks Act, 1999.

1. Identical Mark on Similar Goods: This occurs when someone uses the same trademark on goods or services that are very similar to yours, leading to confusion or misleading consumers.

Example: KRBL Ltd. vs. Praveen Kumar Buyyani & Ors. (2025)