What should I do if someone else is using my trademark?

 If someone else is using your trademark without permission in India, the first thing to know is—you have legal rights. Trademarks protect your brand identity, and unauthorised use can seriously damage your business, reputation, and customer trust. But don't worry, there are clear steps you can take to act fast and protect what's yours.

🔹 Step 1: Confirm Your Trademark Rights

First, check if your trademark is registered under the Trademarks Act, 1999. If yes, you already have legal grounds to initiate action. Even if your trademark is not registered, but you’ve been using it for a long time and built reputation, you may still have common law rights (though a registered trademark is always stronger in court).

🔹 Step 2: Collect Evidence

Start documenting everything:

• Where is your trademark being misused?
  
  
• Since when?
  
  
• Is the other party using it in the same category of goods/services?
  
  

Screenshots, product images, and customer complaints—anything can support your case.

🔹 Step 3: Send a Cease-and-Desist Notice

This is usually the first legal move. Through a patent attorney in India or an IP lawyer, you can send a cease-and-desist notice asking the infringer to stop using your trademark immediately. Many cases are resolved at this stage itself.

🔹 Step 4: Take Legal Action (If Required)

If they ignore your notice, you can:

• File a suit for trademark infringement in a court of law
  
  
• Seek an injunction to stop further misuse
  
  
• Claim damages or loss caused to your business
  
  

🔹 Why Choose a Patent Attorney in India?

Trademark cases are sensitive and require deep legal understanding. A skilled patent attorney in India will help you navigate the process—draft notices, represent you in court, and secure your brand rights with precision.

💼 Babaria IP Can Help

At Babaria IP, with offices in Ahmedabad and ties to Mumbai, we’ve been protecting businesses for over 18 years. Whether it’s pharma, software, biotech, or engineering, we offer cost-effective, expert IP solutions—from trademark filing to litigation.

Conclusion:
Don’t ignore trademark misuse—it can dilute your brand. Act swiftly, gather proof, and consult a qualified patent attorney in India to defend your rights.

Need help with a trademark issue? Connect with Babaria IP today!