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India
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Intermediate
This is the single piece that walks the exact leverage ladder our answer describes, in order: cease-and-desist notice first, then infringement (registered) vs passing off (unregistered) as the two litigation tracks, then the actual court remedies (permanent and temporary injunctions, damages, delivery-up). It even flags Section 103 criminal action, so you know the full weight you can put behind a copycat before you spend a rupee on a suit.
How to Enforce Your Trade Mark Rights: Cease and Desist, Litigation and More
From SCC Times by SCC Online (SCC Times editorial) 12 min read
- A cease-and-desist notice is not just a threat: it documents your good-faith attempt to resolve and becomes evidence if you later go to court
- Registration is what gets you the fast statutory infringement route; without it you are stuck proving goodwill, misrepresentation, and damage under passing off
- Beyond injunctions and damages, the Trade Marks Act carries criminal penalties (6 months to 3 years), which raises the stakes in a strong C&D
