Find a Lawyer · Trademark And IP
How to Find a Lawyer for Trademark Infringement in India
You built a brand, and now another business is trading under your name or a confusingly similar one. That is trademark infringement, and sometimes passing off as well, and the right response in the first few weeks shapes the whole outcome. This guide explains what you can do, what a lawyer does to stop the copying, what it costs, and how to find the right advocate for a trademark infringement matter.
- Infringement: identical or deceptively similar use of your mark; unregistered goodwill may support passing off.
- Options: legal notice, settlement, civil suit with injunction, online takedowns.
- Cost: notice often Rs 3,000 to Rs 15,000; a suit Rs 25,000 upward; court fees separate.
- Time: injunction sometimes weeks; a full suit often one to three years or longer.
- Act fast: early action strengthens an urgent injunction and preserves evidence.
- Not legal advice: prepared by the Claw team, last reviewed 2026.
01What counts as trademark infringement
Trademark infringement is when someone uses a mark that is identical or deceptively similar to your registered trademark, for similar goods or services, in a way likely to confuse customers. If your mark is not registered but you have built goodwill under it, you may still have a claim for passing off. Both protect the same thing: your brand and the trust customers place in it. This is core intellectual property and brand protection work.
02Your options to stop it
- Legal notice: a formal demand that the other side stop the infringement. Often the fastest first step.
- Settlement: they agree to stop, or to a licence, without going to court.
- Civil suit with injunction: file in the right court and ask for an order stopping the copying, plus damages or accounts of profit.
- Online takedowns: report listings or content to the platform while the main action runs.
Speed matters. The sooner you act on trademark infringement, the stronger your request for an urgent injunction usually is.
03What the lawyer does
A lawyer confirms your rights, drafts and sends the legal notice, advises whether to settle or sue, files the suit in the correct court, and seeks an injunction to stop the trademark infringement or passing off quickly. Crucially, the lawyer builds the evidence: proof of your rights, proof of the copying, and proof of likely confusion. Evidence, gathered and presented well, is what decides these cases.
04Realistic cost and time
There is no fixed national fee. The ranges below vary by city, seniority and complexity; confirm with the lawyer, and remember court fees are separate.
| Step | Typical professional fee | Notes |
|---|---|---|
| Consultation | Rs 500 to Rs 3,000 | Sometimes adjusted against later work |
| Legal notice | Rs 3,000 to Rs 15,000 | Often resolves matters early |
| Suit with injunction | Rs 25,000 upward | Varies widely with court and stage |
On time: an urgent injunction can sometimes be heard within weeks, while a full suit to a final decision often takes one to three years or longer. If you are unsure whether to act now, see signs you need a trademark and IP lawyer now.
05Evidence to keep ready
- Your registration certificate, or proof of use if the mark is unregistered.
- Dated screenshots of the other side's listings, website and social media.
- Photos of their product and packaging.
- Any messages from confused customers.
- Any notice already sent or received.
06How to find the right lawyer
You want an advocate who litigates intellectual property disputes, not just files applications. Ask about their experience with trademark infringement and passing off suits, ask for their enrolment number and State Bar Council (enrolment under the Advocates Act, 1961 is what entitles them to practise), and get a written fee estimate. A listing on a directory is not proof of skill or even enrolment, so verify that yourself.
07How Claw helps you find the right lawyer
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
When a copycat is trading right now, you want the right litigator fast. Claw Find a Lawyer connects you quickly. You describe your trademark infringement or brand protection matter in a short guided chat, and Claw connects you with a verified, independent advocate who handles that kind of intellectual property work, for an online or in-person consultation, in your state or city where possible.
Start with a free basic request, or a Rs 99 priority request for faster, prioritised matching when the copying is ongoing. The advocate is independent and practises on their own, and the professional fee for your case is paid directly to that advocate and not shared with Claw, in line with Bar Council of India rules (Rule 36). Claw is a technology platform that helps you find and reach the right lawyer. It is not a law firm, is not your advocate, and this page is not legal advice.
08Frequently asked questions
What is the first thing to do about trademark infringement?
Save evidence immediately with dated screenshots and photos, then get advice from a lawyer who litigates trademark matters. Often the first formal step is a legal notice demanding the other side stop. Acting quickly protects your position and strengthens any later request for an urgent injunction.
Can I act on infringement if my trademark is not registered?
You may be able to, through a passing off claim, if you have built goodwill under the mark and customers associate it with you. Registration makes enforcement easier, but unregistered marks are not without protection. A lawyer can assess the strength of a passing off claim based on your evidence of use.
How much does a trademark infringement case cost?
There is no fixed fee. A legal notice is often in the range of Rs 3,000 to Rs 15,000 in professional fees, while a full suit with an injunction typically starts around Rs 25,000 and rises with the court, stage and complexity. Court fees are separate. Confirm the exact figure and scope with your lawyer in writing.
How fast can I stop someone from using my brand?
A legal notice can prompt a quick stop in many cases. If it does not, an urgent injunction application can sometimes be heard within weeks where the matter is strong and the harm is ongoing. A full final decision takes much longer, often one to three years or more.
Will a lawyer guarantee the infringer will be stopped?
No. No honest lawyer can guarantee an outcome in a trademark infringement dispute. A good lawyer improves your chances by acting quickly, building strong evidence and choosing the right court and remedy, but the result depends on the facts and the court. Be cautious of any guarantee.