Trademark Investigation — Evidence Against Copycats and Counterfeits
A trademark investigation finds out who is copying your mark, where the goods come from and how much is being sold, and records it in a form a court or police officer can use. We coordinate independent investigators and your advocate, and prepare the paperwork around them.
What it is
A trademark investigation is fact-finding for a brand owner. Investigators trace the seller or maker of a copy, buy sample goods, photograph the premises, capture listings from websites and marketplaces, and write a report that sets out what was found, when and by whom. The report is evidence. It is not a legal remedy by itself.
What happens next depends on the facts. The report can support a legal notice, a police complaint under Section 103 of the Trade Marks Act, 1999, or a civil suit for injunction, damages or account of profits under Section 135. Taxhint does not carry out the field work. We brief independent investigators, organise the findings, and work with a practising advocate who signs notices and appears in court.
Who it applies to
Brands facing counterfeits
Owners facing a lookalike brand
Parties checking use or non-use
Why it matters
It turns a hunch into proof
It shows the real size of the problem
It keeps your next step lawful
What an investigation report usually covers
- Identity and address of the seller, maker or distributor, with GST or business details where lawfully available
- Test purchase details: date, place, price, tax invoice and the goods bought
- Photographs and video of the premises, stock and packaging
- Screenshots of websites and marketplace listings with date and time
- A comparison of the genuine and the suspect goods
For digital material, the electronic record should come with a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, which corresponds to Section 65B of the old Evidence Act. Your advocate advises on the format.
Documents required
Proof of your rights
- Trademark registration certificate or application details
- Proof of use and sales history of the genuine brand
- Genuine product samples and packaging for comparison
About the suspect
- Name or trade name, address or listing links, if known
- Any leads: shop location, phone numbers, seller handles
- Earlier complaints or customer reports about the fake
Authorisation
- Letter authorising the investigators to act and buy samples
- Authorisation for your advocate
- Scope note: what you want to prove and for which proceeding
How it works
Define the goal and review your rights
We ask what you want at the end: a notice, a police complaint or a suit. Then we check that your registration covers the goods or services in question.
Brief independent investigators
We give a reputable independent agency a written scope with the mark, the goods and the places to cover. Taxhint does not do field work itself.
Collect and organise the evidence
Investigators make test purchases, photograph premises and capture online listings. We arrange the invoices, photographs and screenshots into a dated bundle.
Hand over to your advocate for action
The report goes to your advocate for a legal notice, a police complaint or a plaint. We prepare supporting documents and keep track of filing dates.
Timelines
Before you send a notice
Court urgency
Non-use cases
What happens if you skip proper investigation
A weak notice can backfire
Seizure orders need strong evidence
Lost or unusable proof
Frequently asked questions
What is a trademark investigation?
It is fact-finding by independent investigators to identify who is copying a mark, where the goods are made and sold, and how much is in the market. The result is a dated report with invoices, photographs and screenshots. It supports a notice, a police complaint or a suit. We coordinate the work with your advocate and keep the file in order.
Can Taxhint investigate counterfeiters itself?
No, we do not run field operations. We brief independent investigators, organise their findings and prepare the documents, while your advocate signs notices and appears in court. This keeps the evidence clean and the roles clear. We will tell you in writing how the work is split before you commit to anything.
Is a trademark investigation report accepted in court?
A report helps, but the court looks at the underlying proof, such as dated invoices, photographs and the witness who made the purchase. The investigator may need to give an affidavit or appear. Digital records need a Section 63 certificate under the Bharatiya Sakshya Adhiniyam, 2023. Your advocate guides the format.
What action can follow a trademark investigation?
You can send a legal notice, file a police complaint or sue in court. Section 103 of the Trade Marks Act provides imprisonment of six months to three years and a fine of ₹50,000 to ₹2 lakh for applying a false trademark. Section 135 allows injunctions, damages or account of profits. The right route depends on the facts.
Can police seize counterfeit goods on a trademark complaint?
Yes, in some cases. Under Section 115, offences under Sections 103 to 105 are cognizable, and an officer not below the rank of Deputy Superintendent of Police can search and seize without a warrant after obtaining the Registrar’s opinion. The facts decide whether this route is open. We prepare the complaint documents for your advocate.
What is an Anton Piller order in trademark cases?
It is an ex parte order that lets a court-appointed local commissioner visit a suspected counterfeiter, inventory the goods and preserve evidence without prior notice. Indian courts rely on Order XXXIX Rule 7 and Order XXVI Rule 9 of the CPC, and Section 135(2) of the Trade Marks Act. The bar is high, and investigator evidence often supports it.
Can a trademark investigation prove non-use of a mark?
Yes, it can support a removal application. Section 47 allows removal where a mark has not been used for a continuous five years from the date it is entered in the register, up to three months before the application. Investigators record what the owner sells and where. The advocate decides if the case fits the section.
Which court can I go to for trademark infringement?
Under Section 134, no suit can be filed in a court lower than a District Court. The plaintiff may sue where they live or carry on business, besides where the defendant is. Commercial Courts Act rules also apply to high-value disputes. Your advocate will choose the forum after reading the report.
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.
The investigation itself has no government fee. Investigator charges are paid to the independent agency and quoted separately in writing. Court fees and advocate fees depend on the forum and the relief you seek, and your advocate will explain them when the route is clear.
Ready to begin?
Tell us what you are seeing in the market. We will brief investigators and put your evidence in order for your advocate.