Trademark Infringement and Passing Off in India: Your 2025 Guide
Building a brand takes years of effort, but it only takes one infringement to dilute your reputation. In India, two main legal tools safeguard businesses: trademark infringement and passing off. Both are powerful, but they apply in different situations. Understanding the difference can protect your company from financial loss and brand damage.
Trademark Infringement: Your Shield for a Registered Mark
Think of a trademark as your brand’s signature a word, logo, or symbol that makes your goods or services unique. Trademark infringement happens when someone else uses a mark that is deceptively similar to yours, confusing customers and weakening your brand’s exclusivity.
Key Aspects of Trademark Infringement and Passing Off in India
- Use of a Similar Mark: The infringing mark must look or sound so much like your registered trademark that consumers might assume the products are from you.
- Likelihood of Confusion: Courts assess product type, target audience, and how similar the marks appear overall.
The Legal Backbone: The Trade Marks Act, 1999
The Trade Marks Act, 1999, as updated in 2023–2025, empowers businesses to:
- File a civil suit against infringers.
- Seek an injunction to immediately stop unauthorised use.
- Claim damages for financial loss.
- Request seizure of counterfeit goods via Indian Customs.
- Recent Case Examples
In 2023, ITC Ltd. won against a company using the mark “Evergreen Classmate” for notebooks. The Delhi High Court found confusion inevitable and awarded damages. Similarly, in Pernod Ricard India Pvt Ltd vs Karanveer Singh Chhabra (2025), the court issued a quick injunction, holding that deceptive marks whether visually or phonetically could not be tolerated. These rulings underline that courts in India, especially in Mumbai and Delhi, act swiftly to protect established brands.
- 2025 Legal Update
The Jan Vishwas Amendment Act, effective from August 2024, decriminalised minor trademark offences. Instead of jail time, penalties now include fines. This change makes enforcement smoother for businesses while keeping tough penalties for deliberate or large-scale infringement.
Passing Off: Protecting an Unregistered Brand’s Goodwill
Not every business has a registered trademark. Even so, if your brand has a reputation in the market, you can still protect it through passing off. This remedy safeguards goodwill when competitors misrepresent their goods as yours, deceiving consumers.
- The Three-Part Test
Courts usually apply three tests in passing off cases:
- Reputation and Goodwill: Prove that your brand is recognised by customers.
- Misrepresentation: Show that the competitor’s actions are misleading.
- Damage: Demonstrate that you have suffered or are likely to suffer harm.
- Landmark Judgments
The Cadila vs Cadila (1968) case remains foundational. The court ruled that using the “Cadila” mark for another medicine was passing off, as it confused consumers. More recently, the ZEO vs EZIO (2025) case protected a tech brand in Kolkata, confirming that even modern industries like software and textiles can rely on passing off.
- 2025 Legal Update
In the Broad Peak case (Delhi High Court, 2025), the court clarified that long-standing shared use of similar marks may be allowed in rare circumstances. However, it made clear that new businesses must avoid any confusion and respect the rights of original owners.
How Infringement and Passing Off Differ
While both remedies protect brands, there are key distinctions:
- Trademark infringement requires a registered mark and is covered by Section 29 of the Trade Marks Act.
- Passing off protects unregistered marks with goodwill and is recognised under Section 27.
- Proof in infringement cases focuses on similarity and confusion. In passing off, you must additionally prove reputation, misrepresentation, and damage.
- 2025 updates streamlined infringement cases with faster appeals, while passing off now involves stricter tests for concurrent use.
Practical Steps to Safeguard Your Brand in 2025
Being proactive can save you costly litigation later.
- Register Your Trademark Early
Registration is your strongest defence. It usually takes 12–18 months, but expedited options are available in Mumbai, Delhi, and Kolkata.
- Monitor the Market
Check IP India’s online trademark registry and major e-commerce sites regularly to catch potential infringements.
- Engage a Corporate Lawyer
A qualified corporate attorney near me or business lawyer in Mumbai or Kolkata can draft cease-and-desist notices, file suits, and guide compliance.
- Keep Documentation Ready
Advertising campaigns, consumer surveys, and sales records are powerful evidence for both infringement and passing off claims.
- Use Digital Enforcement Tools
You can now issue takedown notices to platforms like Amazon, Flipkart, and Myntra. Customs authorities also have powers to seize fake imports.
Geo-Focused Insights for Businesses
- Mumbai & Maharashtra: Courts here often prioritise IP disputes. A local corporate law firm near me can help secure faster injunctions.
- Delhi & NCR: The Delhi High Court handles a high volume of e-commerce and digital disputes, making it a hotspot for online passing off cases.
- Kolkata & Eastern India: Local corporate advocates in Kolkata frequently assist with both litigation and customs enforcement against counterfeit imports.
FAQs: Trademark Infringement & Passing Off in 2025
Q1. Can I sue for passing off without registration?
Yes. Passing off protects goodwill even if your trademark is unregistered.
Q2. What remedies are available for infringement?
You can get injunctions, damages, accounts of profits, and seizure of infringing goods.
Q3. Do e-commerce platforms need to act on infringement claims?
Yes. Platforms must respond quickly to takedown requests under recent legal amendments.
Q4. What about lawyer costs?
Costs vary. Many business lawyers near me provide an initial consultation free of charge.
Conclusion: Protect Your Brand Today
Both trademark infringement and passing off are serious threats to businesses in India. However, by registering trademarks, monitoring markets, and engaging an expert corporate legal advisor, you can secure your brand identity. For companies in Mumbai, Delhi, or Kolkata, taking action now ensures long-term protection.
If you want reliable guidance, partner with trusted corporate law firms in India. LawCrust offers experienced legal professionals to safeguard your brand against infringement and passing off.
About LawCrust Legal Consultation.
LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of Premium Legal Services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.
In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.