R M   L E G A L

Anti-Counterfeiting and Enforcement Actions

RM Legal acts for brand owners against the manufacture, stocking and sale of counterfeit and look-alike goods. Depending on the scale of the problem, we use civil, criminal, customs and online remedies, often in combination. The aim is to stop the source of supply rather than only individual sellers.

What We Do

Our work includes:

  • Market investigations and test purchases, through investigators where needed
  • Cease and desist notices to manufacturers, distributors and sellers
  • Civil suits with applications for injunctions and seizure of infringing goods
  • Criminal complaints and police action under the Trade Marks Act, 1999 and the Copyright Act, 1957
  • Recordal of trademarks and copyright with Indian Customs to stop counterfeit imports
  • Marketplace takedowns and online enforcement
  • Settlements, undertakings and destruction of seized goods

Civil Action

A civil suit allows the brand owner to seek an injunction restraining the counterfeiter, damages or an account of profits, and delivery up of the goods. In counterfeiting cases, courts can appoint a local commissioner to visit the premises without prior notice, seize or inventory the goods, and take custody of records. Where the sellers are not yet identified, courts have granted orders against unnamed defendants.

Criminal Action

Falsely applying a trademark and selling goods bearing a false trademark are offences under the Trade Marks Act, 1999, punishable with imprisonment of six months to three years and a fine of ₹50,000 to ₹2 lakh. A police officer not below the rank of Deputy Superintendent of Police can search and seize without a warrant, after obtaining the opinion of the Registrar of Trade Marks. Criminal action is often effective against manufacturers and large stockists, but it requires well-documented evidence.

Border Enforcement

Owners of registered trademarks, copyright, designs and geographical indications can record their rights with Indian Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. Customs can then suspend the clearance of suspected counterfeit imports and notify the rights holder. Recordal requires a bond and an indemnity in favour of Customs.

Online Marketplaces

Counterfeits are increasingly sold through e-commerce platforms and social media. Most platforms have brand protection programmes and notice-and-takedown procedures. Where a seller persists, takedowns can be combined with civil or criminal action. See Online Enforcement and Takedowns.

Evidence

Strong enforcement depends on evidence: test purchases with invoices, photographs of the goods and premises, a comparison between genuine and counterfeit products, and records of the brand's registrations, sales and advertising.

Frequently Asked Questions

Should I take civil or criminal action against counterfeiters?
It depends on the scale and the evidence. Civil action gives the owner more control and can include seizure through a local commissioner. Criminal action can be effective against large operations. The two are often used together.

Can the police seize counterfeit goods?
Yes. Under the Trade Marks Act, 1999, a police officer not below the rank of Deputy Superintendent of Police can search and seize, after obtaining the Registrar's opinion.

Can counterfeit imports be stopped at the border?
Yes, if the trademark or copyright is recorded with Indian Customs. Customs can then suspend clearance of suspected goods.

Do I need a registered trademark?
Criminal and customs remedies work best with a registered trademark. Civil action is available for unregistered marks through passing off, but it is harder to prove.

What about look-alike packaging that does not copy my brand name?
Copying of trade dress, such as packaging, colour schemes and get-up, can amount to passing off, and in some cases to infringement of a registered design, copyright in the artwork, or a registered trademark covering the packaging.

Reviewed by Nandita Goyal, Partner. Last reviewed: October 2026.

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