Anti-Counterfeiting in India: Protect Your Brand from Fakes
Fake goods carrying your mark cost you sales and trust. Indian law gives a registered trademark owner criminal, civil and customs remedies. We prepare the evidence file, record your mark and coordinate action. A practising advocate signs pleadings and appears in court.
What it is
Anti-counterfeiting means stopping people from making, selling or importing goods that falsely carry your trademark. It rests on a registered mark, evidence of the fakes and the right forum. Miss one and the action stalls.
The law sits in the Trade Marks Act, 1999. Infringement is defined in Section 29, and the criminal offences of applying a false trade mark and selling such goods are in Sections 103 and 104. Section 115 makes them cognizable, and Section 135 lists the civil reliefs. For any anti-counterfeiting action, everything starts with registration, so if you have not secured it yet, begin with trademark registration.
Who it applies to
Brand owners finding fakes in the market
Picture a Faridabad auto-parts brand that finds copied packaging in a Delhi wholesale market. Duplicate packaging, copied labels or look-alike products show up at retail counters too. You need a documented trail before acting.
Sellers facing marketplace clones
Cheap copies on e-commerce platforms divert your buyers, which makes anti-counterfeiting a sales issue too. Platforms act faster on a registered mark and a clean complaint. See our note on selling on Flipkart and Amazon.
Importers and manufacturers
If counterfeits come in through ports, customs recordation can help. If a distributor makes fakes at home, local police and civil action are the routes.
Why it matters
Stops the spread early
A quick complaint or notice can pull listings or stock before copies reach more shelves. Waiting lets the fakes build a reputation of their own.
Preserves your evidence
Test purchases, invoices, photographs and lab comparisons decide whether police and courts take you seriously. We organise the file from the first day.
Keeps your mark strong
Silence on copies weakens a brand over time. A record of action shows you guard the mark.
Documents required
Ownership proof
- Trademark registration certificate or application details
- Proof of use: invoices, catalogues, advertising
- Authorisation letter for any licensee
- Copyright or design papers if relevant
Evidence of the fake
- Test-purchase bill and the product itself
- Photographs and videos of stock and premises
- Marketplace links, seller names and screenshots
- Comparison of genuine and fake features
Action papers
- Draft legal notice or complaint for advocate review
- Power of attorney for the advocate
- Customs notice and bonds for imported fakes
- Board resolution authorising the action
How it works
Review your trademark rights
We check your registration status, class coverage and proof of use. If gaps exist, we fix them first, because an unregistered mark limits the criminal route.
Build the evidence file quietly
We coordinate test purchases, record seller details and prepare a comparison note. A practising advocate advises how the evidence should be collected and sealed.
Choose the remedy
Options include a marketplace takedown, a legal notice, a police complaint under the Trade Marks Act or a civil suit for injunction. We explain each in plain language.
Coordinate action and record the mark
We prepare documents, brief the advocate who signs and appears, track hearings and, for imports, prepare the customs recordation. We also set up ongoing trademark monitoring.
Remedies available to a trademark owner
| Route | Law | What you get |
|---|---|---|
| Police complaint | Sections 103, 104 and 115, Trade Marks Act | Cognizable offence, search and seizure, prosecution |
| Civil suit | Sections 29, 134 and 135 | Injunction, damages or account of profits, delivery-up |
| Customs recordation | IPR (Imported Goods) Enforcement Rules, 2007 | Suspension of suspected imports |
How courts and police treat counterfeits
Section 103 provides imprisonment of at least six months, extendable to three years, and a fine of ₹50,000 to ₹2 lakh for applying a false trade mark. Section 115 allows an officer not below Deputy Superintendent of Police to search and seize without a warrant after obtaining the Registrar’s opinion. The affected party can apply for return within fifteen days of seizure.
For a civil suit, Section 134 requires a District Court or higher, and a plaintiff can sue where it carries on business. Section 135 permits injunctions, including ex parte orders, damages or profits and delivery-up. Read our page on trademark infringement for the legal test.
Timelines
Evidence stage
In practice, evidence comes before any notice. A seller warned too early can clear stock and delete listings.
Customs recordation
Reported sources say customs approves or rejects a notice within 30 working days, and a right holder has 10 working days to join suspension proceedings. Confirm current rules at filing.
Court stage
Pre-institution mediation applies in commercial suits unless urgent interim relief is sought. Your advocate decides the sequence.
What happens if you delay action
Fakes spread
Counterfeit stock moves quickly through distributors and online sellers. Each month of delay makes recovery harder.
Evidence gets lost
Listings get deleted and sellers vanish. A file built late may lack the test purchase that police or courts expect.
Your rights are weaker
An unregistered mark has no right to sue for infringement under Section 53, only passing off. Registration comes first.
Frequently asked questions
Is selling fake goods a criminal offence in India?
Yes. Under Sections 103 and 104 of the Trade Marks Act, 1999, applying a false trade mark and selling goods bearing one are offences. Section 103 provides imprisonment of six months to three years and a fine of ₹50,000 to ₹2 lakh. Section 115 makes them cognizable, so police can act. We prepare the complaint file and evidence, and a practising advocate guides the filing.
Can police raid a counterfeiter without a court order?
Yes, within limits. Under Section 115, an officer not below Deputy Superintendent of Police can search and seize without a warrant after getting the Registrar’s opinion that the mark is genuine. The accused can apply for return of goods within fifteen days. We organise your registration papers and evidence so the opinion can be obtained without delay.
What civil remedies can a brand owner get?
Section 135 lets a court grant an injunction, damages or an account of profits, and delivery-up of infringing goods. Courts can also pass ex parte orders in urgent cases. A suit must be in a District Court or higher under Section 134. A practising advocate files and argues it. We prepare the documents, evidence and chronology.
Do I need a registered trademark to act against fakes?
Registration makes it much easier. Section 28 gives the registered owner the exclusive right to use the mark, and infringement action under Section 29 depends on it. An unregistered owner can still bring a passing off action, but cannot sue for infringement. If you have not registered, we can file the application now while you collect evidence.
How do I remove counterfeit listings from online marketplaces?
Use the platform’s brand protection or complaint process, backed by your registration certificate and clear proof of the fake. Platforms look at the mark, the listing and the evidence. We prepare the complaint, track responses and escalate if the listing returns. Repeat sellers may need a legal notice or police complaint on top.
Can customs stop counterfeit imports?
Yes, if you record your rights. The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 let a right holder lodge a notice with customs so suspected infringing imports can be suspended. The rules cover imports, not exports, and need bonds. We prepare the notice and papers, and confirm the present procedure before filing.
Will Taxhint appear in court for me?
No. Taxhint prepares the documents, evidence file and case chronology and coordinates the work. A practising advocate signs pleadings, sends legal notices and appears before the court or police. You deal with us for the paperwork and the advocate for the legal strategy. We keep both sides informed at every stage.
Should I send a legal notice first?
Not always. A notice warns the counterfeiter, who may hide stock or remove listings. Where speed and surprise matter, evidence collection and an urgent application come first. The advocate decides based on facts. Commercial courts also expect pre-institution mediation unless urgent interim relief is sought. We help you weigh the options before anything is sent.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Ready to begin?
Send us photos of the fake and your registration details, and we will outline the safest first step.