Article · 8 min read

Trademark infringement vs. Passing off: What is the difference and why it matters

Divyang Chandan · Bar & Bench Free Intermediate India

This nails why registering matters before trouble starts: infringement needs only a valid registration and works as prima facie proof of your title, while passing off forces you to prove the classical trinity (goodwill, misrepresentation, likely damage), a heavier and slower burden. It is the clearest short read on why an unregistered mark leaves you fighting with one hand tied.

  • Infringement is a statutory remedy that flows from registration; passing off is a common-law fallback for unregistered marks
  • With a registered mark, the registration itself is prima facie proof of ownership, which shortens the fight considerably
  • Passing off makes you prove reputation and damage, which is exactly why not registering early makes copycats so painful to stop
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The question it answers

  1. Someone is copying my brand, product, or content. What can I actually do about it in India?

Read with it

  1. This is the single piece that walks the exact leverage ladder our answer describes, in order: cease-and-desist notice first,... SCC Times Article · 12 min read How to Enforce Your Trade Mark Rights: Cease and Desist, Litigation and More SCC Online (SCC Times editorial)
  2. This is the practical takedown playbook: enroll in Amazon Brand Registry (you need your registered trademark, though India also... Lex Protector Article · 10 min read How to Handle Trademark Infringement on Amazon and Social Media Lex Protector (IP law firm)
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