R M   L E G A L

Intellectual Property Litigation

RM Legal acts for brand owners and businesses in disputes over trademarks, copyright, designs and other intellectual property, both in enforcing their rights and in defending claims made against them. Our work runs from the first cease and desist notice through settlement or suit, including applications for urgent injunctions. Many disputes are resolved before reaching court, and we advise on the route that best fits the client's commercial position.

What We Do

Our work includes:

  • Trademark infringement and passing off actions
  • Copyright and design infringement claims
  • Cease and desist notices, and replies to notices received
  • Suits for injunctions, damages or account of profits, and delivery up of infringing goods
  • Applications for urgent interim injunctions and court-appointed local commissioners
  • Defence of infringement claims, including challenges to the validity of the other side's registration
  • Rectification and cancellation proceedings before the Trade Marks Registry
  • Negotiated settlements, co-existence agreements and undertakings

Infringement and Passing Off

A registered trademark is infringed when another person uses an identical or deceptively similar mark for goods or services in the course of trade without permission. An unregistered mark can still be protected through a passing off action, which requires the owner to show goodwill, a misrepresentation by the other party that is likely to deceive, and resulting damage. Registration makes enforcement considerably easier, because the owner does not have to prove reputation to establish infringement.

How an IP Dispute Usually Proceeds

  • Evidence and assessment: we review the client's rights, the infringing use, and the evidence of sales, reputation and dates of first use.
  • Cease and desist notice: in many cases, a well-founded notice leads to the infringer stopping or agreeing to terms.
  • Pre-institution mediation: IP suits are commercial disputes. Unless urgent interim relief is genuinely required, a suit can be filed only after mediation under the Commercial Courts Act, 2015 has been attempted.
  • Suit and interim injunction: where urgent relief is needed, the suit is filed with an application for an interim injunction. The court can also appoint a local commissioner to visit premises and seize or inventory infringing goods.
  • Trial or settlement: many suits settle after the interim stage, with undertakings, withdrawal of goods, or payment of costs or damages.

Where IP Suits Are Filed

A trademark or copyright owner can file a suit where the owner resides or carries on business, as well as where the infringement takes place. This allows a Surat-based business to sue an infringer located elsewhere in India before the courts in Surat in appropriate cases. Commercial IP suits in Gujarat are heard by the commercial courts at the district level.

Acting Promptly

Delay can weaken a case for an interim injunction, because courts may conclude that the matter is not urgent or that the owner has tolerated the use. Brand owners should act as soon as infringement comes to their notice and preserve evidence such as purchase invoices, photographs, screenshots and listings.

Frequently Asked Questions

Do I need a registered trademark to take action?
No. An unregistered mark can be protected through a passing off action, but the owner must prove goodwill and reputation. A registered mark is easier to enforce.

What remedies can a court grant?
Interim and permanent injunctions, damages or an account of profits, delivery up or destruction of infringing goods, and costs.

Is a cease and desist notice necessary before filing a suit?
It is not mandatory, but it often resolves the matter. Where there is a risk that goods will be moved or evidence destroyed, it can be better to approach the court directly.

I have received a cease and desist notice. What should I do?
Do not ignore it, and do not reply without advice. The notice should be assessed against the facts, including whether the sender's rights are valid and whether the use is in fact infringing.

Can I sue in Surat if the infringer is in another state?
Often, yes. A trademark or copyright owner can sue where it resides or carries on business, subject to the facts and the court's view on jurisdiction.

How long does an IP suit take?
Interim injunction applications can be decided in weeks or months. A full trial takes considerably longer, which is why many disputes are resolved at the interim stage.

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

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