When a trademark is infringed or misused, Indian law provides a broad spectrum of remedies to protect the brand owner’s rights. These include civil, criminal, and administrative remedies, each serving a different purpose—from stopping misuse to punishing offenders.
1. Civil Remedies
Civil remedies are pursued before civil courts or commercial courts with jurisdiction. They are the most commonly sought by brand owners because they focus on stopping the infringement and compensating losses.
(a) Injunctions
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Temporary Injunction: Granted quickly at the beginning of a suit to prevent ongoing misuse until the case is decided.
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Permanent Injunction: Granted after trial, permanently restraining the defendant from using the infringing mark.
(b) Damages and Account of Profits
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Damages: Monetary compensation for the loss suffered by the trademark owner.
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Account of Profits: Instead of damages, the court may order the infringer to hand over profits wrongfully earned.
(c) Delivery Up and Destruction of Goods
Courts may order counterfeit or infringing goods, labels, and packaging to be surrendered and destroyed to prevent them from re-entering the market.
(d) Anton Piller and John Doe Orders
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Anton Piller Orders: Allow inspection and seizure of infringing goods without prior notice.
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John Doe Orders: Allow action against unknown infringers (useful against online sellers or rogue networks).
2. Criminal Remedies
The Trade Marks Act, 1999 makes certain acts of infringement and counterfeiting criminal offences. These remedies serve as deterrents by imposing punishment beyond monetary liability.
Penalties under Sections 103–105:
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Imprisonment: Six months to three years.
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Fine: ₹50,000 to ₹2,00,000.
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Seizure: Police can raid and seize counterfeit goods, often even without a warrant.
These criminal actions are especially useful in cases of counterfeiting, where swift raids and seizures can disrupt large-scale illegal networks.
3. Administrative Remedies
Administrative options allow trademark owners to protect or clean up their rights outside of courtrooms.
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Opposition Proceedings: Preventing conflicting marks at the application stage.
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Rectification and Cancellation: Removing wrongly registered or unused marks from the Register.
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Customs Recordal: Blocking counterfeit imports at Indian borders through the CBIC IPR Recordation system.
4. Choosing the Right Remedy
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Civil remedies are best for protecting market goodwill and recovering losses.
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Criminal remedies are suited for counterfeit networks that require deterrence and immediate seizure.
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Administrative remedies work as preventive tools, saving time and costs by stopping conflicts early.
Often, brand owners use a combination of remedies—for example, a civil injunction paired with a police raid and customs recordal—for comprehensive enforcement.
| Type | Reliefs Available |
|---|---|
| Civil | Injunctions, damages, account of profits, delivery up, destruction, Anton Piller & John Doe orders |
| Criminal | Imprisonment (6 months–3 years), fines (₹50,000–₹2,00,000), seizure of goods |
| Administrative | Opposition, rectification, cancellation, customs recordal |
Trademark remedies in India form a layered system—civil remedies stop and compensate, criminal remedies punish and deter, and administrative remedies prevent conflicts from arising. Together, they provide businesses with a powerful toolkit to safeguard their brand identity and market reputation.
