Trademark copying and infringement problems and how to fix them
When someone copies your brand, the right response depends on whether your mark is registered, who used it first, and where the copying happens. When you receive a notice, it depends on the same facts in reverse. Here is a practical starting point for each situation.
8 problems solvedFor brand owners, trademark attorneys and agentsLast reviewed: 5 October 2026
A competitor sells under an identical or similar name or logo.
Why it happens
If your mark is registered, use of an identical or similar mark for similar goods can be infringement. If it is not registered, you may still act under passing off, if you have prior use and goodwill.
How to fix it
Collect evidence: photos, invoices, screenshots, listing URLs and dates.
Check whether they have filed a trademark application, and oppose it if it is in the Journal.
Send a cease-and-desist notice through a lawyer.
If needed, file a suit for infringement or passing off, with a request for an interim injunction.
Avoid it next time
Register your mark early, and monitor marketplaces and the Journal.
Copycat listings on Amazon, Flipkart or social media
What you see
Sellers list products under your brand, or pages impersonate it.
Why it happens
Platforms generally act faster on a registered trademark. Some brand-registry programmes also accept a pending application, so check each platform's current rules.
How to fix it
Use the platform's brand registry or intellectual property complaint form, with your registration certificate or application details.
Keep screenshots and order evidence.
For repeat offenders, send a legal notice and consider court action.
Avoid it next time
Register the word mark in the classes you sell in, and enrol in each platform's brand registry.
Can we get our brand declared a well-known trademark?
What you see
You want wider protection for a famous brand across all classes.
Why it happens
The Registrar can declare a mark well-known on request, with evidence of reputation, use and enforcement.
How to fix it
File the request in Form TM-M with the government fee and evidence: sales, advertising, geographic reach, enforcement history and earlier recognitions.
The Registrar may invite objections from the public, open for 30 days, before deciding.
Avoid it next time
Build and preserve evidence of reputation every year.
Law: Section 11(6) to 11(9), Trade Marks Act 1999; Rule 124, Trade Marks Rules 2017#
For brand owners
Counterfeit goods with our brand are being imported
What you see
Fake products bearing your trademark are coming into India.
Why it happens
A registered trademark owner can record the mark with Customs, so that suspected infringing imports can be detained.
How to fix it
Record the trademark with Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, through the ICEGATE IPR recordation portal.
Respond quickly to Customs when they notify a suspect consignment.
Avoid it next time
Record key registered marks with Customs before counterfeits appear.
Law: Sections 11(2)(n) and 156, Customs Act 1962; Intellectual Property Rights (Imported Goods) Enforcement Rules 2007#
Stuck on one of these right now? Send us the application number, the notice or a screenshot of the status. We will tell you the fix and the deadline, and file it for you if you want.
If your brand could only get one thing right, make it the trademark.
That is what we help you decide. Then we search it, file it, defend it, and keep it renewed for the next ten years — from Ahmedabad, for all of Gujarat.