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In this article, I will walk you through the concepts of trademark infringement and guide you through the process of filing a trademark infringement suit. If you are a lawyer, IP attorney, law student, or anybody interested in understanding the framework of trademark in India, then this article is for you. 

I hope you have been following Tara’s journey. If you have, you will know how much heart and hustle she put into building Candlemonium.

She started making candles at home. The candles are hand-poured, eco-friendly handles. And she made them in her kitchen. Two years later, the business had grown, and now she had a few charming little stores in and around her city. 

She also had managed to gather a loyal customer base. 

She also had a visual identity people recognised: her brand name, Candlemonium, was now officially registered along with its distinctive mark. Everything was going smoothly until Candlemania happened.

One day, when she was browsing through the trademark journal, she came across a very similar mark. She opposed that. We challenged this, but unfortunately, the opposition process is tricky. You can do everything right: monitor the journal, file your opposition within four months, and present your case. Ultimately, it is the Registrar’s call. And this time, despite the similarities, the Registrar allowed the mark to proceed.

We were so surprised by this. The Registrar’s reasoning hinged on two things: first, the applicant had tweaked the name just enough, “Candlemania” instead of “Candlemonium”, and second, they argued that the packaging had minor variations, such as a slightly different font and a stylised flame icon. It was actually eerily similar, but they also noted that they were just selling candles and not eco-friendly or scented candles, so Tara’s business was supposed to be safe as per the Registrar. 

Our argument that the overall commercial impression was the same, and that the average consumer would not notice the difference, was noted but not upheld.

I still remember the phone call I got from Tara the day the opposition decision came through. She asked, “So… that’s it? They can just go ahead and use it now?”

I told her, “Not exactly.”

Just because a mark is allowed to proceed through the registry does not mean you have lost all ground. Trademark registration gives you a legal presumption of ownership, but when someone starts using a mark in the marketplace that causes confusion with your brand, you still have one thing left to do, which is to file a trademark infringement suit.

That is where our story now turns. Because Candlemania did not just get their mark registered. They started using it. Selling candles that looked like Tara’s. Matching colour palettes. The same shape jars. Identical gold foil stamping. The works. This was bad news for Tara and her business. 

This was not just a business threat anymore. It was a legal one. And if you have found yourself or your client in a similar position, where someone’s using a deceptively similar trademark in a way that’s actively hurting your business, then keep reading. In the next section, we will talk about what exactly qualifies as trademark infringement under Indian law and how you can take action, even after opposition fails.

Legal framework: Understanding trademark infringement

Trademark infringement happens when someone uses a mark that is deceptively similar or identical to a registered trademark, in a way that is likely to confuse or mislead consumers. If you have ever felt that someone is “ripping off” your brand, be it your name, logo, packaging, or the overall look of your product, you are likely looking at a case of infringement.

Let’s break this down using the law and Tara’s experience.

According to section 2(1)(zb):

“Trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours”

Under section 29 of the Trade Marks Act, 1999 –

A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark.

(2) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of–

(a) its identity with the registered trade mark and the similarity of the goods or services covered by such registered trade mark; or

(b) its similarity to the registered trade mark and the identity or similarity of the goods or services covered by such registered trade mark; or

(c) its identity with the registered trade mark and the identity of the goods or services covered by such registered trade mark, is likely to cause confusion on the part of the public, or which is likely to have an association with the registered trade mark.

In Tara’s case, both Candlemonium and Candlemania were selling candles. That is the same class of goods, and their consumers overlapped. But what made it worse, and what turned this into a textbook example of infringement, was the visual and phonetic similarity between the two marks and how the average consumer could easily mistake one for the other.

But let us take a look at the section again. The law actually recognises different types of infringement under section 29. Here is what you need to know:

• Section 29(1): Here, if someone uses a mark identical to your registered trademark for identical goods or services, it is infringement and there is no room for debate. You do not need to prove consumer confusion. The law actually presumes it.
• Section 29(2): If the mark is identical or similar, and the goods or services are also similar, you must prove that the use is likely to cause confusion in the public or lead to an association with the registered mark.
• Section 29(4): This is important if you have a well-known mark. Even if the infringer is using your mark on different goods or services, you can claim infringement if the use:
  • Takes unfair advantage of your mark’s reputation,
  • Is detrimental to the distinctive character or reputation of your mark,
  • Or it is likely to harm your brand image.
• Section 29(5): Covers use of the mark as a trade name or part of a business name dealing in similar goods or services.
• Section 29(6) to 29(9): These sections further clarify that use of the mark in advertisements, invoices, product packaging, or labels, without proper authorisation, can all amount to infringement.

In Candlemania’s case, the infringer was not just using a similar name. They had also replicated Tara’s whole marketing scheme, but that did not matter. They also copied her products and how they were branded. 

That is the kind of use that does not just ride on someone else’s goodwill, it actively steals it. And that is exactly what trademark law seeks to prevent.

Now, there is one important distinction I want you to understand before we move forward: registered versus unregistered trademarks.

• If your trademark is registered, you can sue for infringement under the Trade Marks Act directly.
• If it’s unregistered, you cannot file for infringement per se, but you still have a remedy under common law through a passing off action. This is based on your prior use and goodwill in the market.

Tara had already gotten her mark registered. It was actually one of the very first things she did when she opened up her business. But even if she did not, the similarity was so glaring that she could have pursued a passing off claim. Either way, the law gives you a way to protect your brand.

The moment Candlemania’s products started circulating in the market, causing actual confusion and misleading consumers into thinking they were buying Candlemonium candles, we knew the opposition battle was behind us. Now it was time to take it up a notch.

So what will be the next step? A cease and desist notice. Before you rush into litigation, you always try to stop the damage with a warning shot. And that is exactly what we did next.

Let me walk you through that, and why it sometimes works and sometimes, like in Tara’s case, it just makes the infringer dig in deeper. Your cease and desist will be your first line of action.

Cease and desist

Before you head to court, there is a critical step that you should always consider is sending a Cease and Desist notice. It is essentially a formal way of letting them know what they are up to, and you are telling them you want them to stop. It can maybe save you the time and expense of litigation if it works out. That is not always the case, though. So be ready for any outcome. 

When Tara and I discussed our next move, I explained the importance of this notice. It’s a preventive tool, but also a strategic one. If the other side ignores it or responds aggressively, it gives you insight into their intentions and often strengthens your position in court.

Be careful with the notice. Draft it carefully. We will see what you need to add.

• Details of the trademark: Here, you will have to include all the details of your trademark. In Tara’s case, I started by laying out Tara’s trademark registration, her name, registration number, class of goods, and the date of registration. So, this movie will establish her legal rights.
• Description of infringement: Here, you need to tell what is happening with the infringer. In Tara’s case, I gave a factual, objective account of what Candlemania was doing, how their product name, design, and packaging closely resembled Candlemonium’s. I also attached side-by-side photos showing the similarities.
• Legal grounds: You also need to bring in the laws here. I brought in and cited provisions from the Trade Marks Act, 1999, particularly section 29. We highlighted the grounds of infringement, use of a deceptively similar mark, likelihood of confusion, and actual confusion caused in the market, and all of this is covered under the Act, so you just need to bring attention to that.
• Demand for immediate action: You need to ask for immediate action. What did I add in the case of Tara? I demanded that to immediately stop manufacturing and selling the infringing products and cease using the name Candlemania in any commercial capacity. I also asked them to take down any online listings, advertisements, or promotional content and also furnish an undertaking that they would not engage in such conduct in the future.
• Deadline and consequences: It is better to give a deadline. I gave them 10 days to comply, failing which Tara would be constrained to take legal action without further notice, including seeking an injunction and damages before the appropriate court.

We sent the notice, and we waited. We sent it through email and also through the post. I actually also sent a soft copy to their business page’s contact address.

Then we waited.

A week later, we got a reply, but it was not what we hoped for. Candlemania’s lawyer denied all allegations. They claimed that the two names were sufficiently different, that the design choices were purely coincidental, and that Tara had no monopoly over candle packaging design trends. It was, in essence, a complete refusal to comply.

If you are advising a client in this situation, or going through it yourself, let me be clear: a non-compliant response does not mean your notice was ineffective. On the contrary, it becomes a valuable piece of evidence. It shows the infringer was put on notice and chose to continue. Courts take that seriously.

By this point, Tara was frustrated but also focused. She had tried to resolve it amicably, but now there was no doubt about the next step: a trademark infringement suit. And if you are preparing to walk that path, you need to know not only the legal grounds but also how to draft and structure your case correctly. Because when it comes to defending your brand, your pleadings are your voice in court.

Let’s now look at how to draft a trademark infringement suit, what you must include, and how to make your case as strong as possible from the very first page.

Drafting a trademark infringement suit

Before you even start drafting the actual content of a trademark infringement suit, you need to answer a critical question: Where do you file it? Because choosing the right court is not just a procedural step, it can seriously impact your chances of success, speed of hearing, and enforcement of orders.

Let us start with the law.

Under section 134 of the Trade Marks Act, 1999, a trademark infringement suit can be filed:

• In the District Court or High Court having jurisdiction,
• Where the plaintiff (i.e., the trademark owner) resides or carries on business at the time of filing the suit,
• Even if the defendant is not based in that location.

This is a powerful provision. Normally, in civil cases, you would have to go to the place where the defendant resides or where the cause of action arises. But in trademark cases, the law favours the plaintiff. It gives you the advantage of choosing your battleground.

In Tara’s case, her Candlemonium store was in Mumbai. The infringing company, Candlemania, was also operating out of Mumbai, but even if it is another state, under section 134, you do not have to chase them across the country. Since Tara carried on her business in Mumbai, and that is where the confusion and damage were happening, we filed the suit in the City Civil Court, Mumbai, which had the necessary pecuniary and territorial jurisdiction.

But there is one more piece you should keep in mind: Commercial Courts Act, 2015.

This law governs commercial disputes, including those related to intellectual property. Under this Act:

• If your claim is valued at over ₹3 lakhs, your suit goes to a Commercial Court (at the District level) or a Commercial Division of the High Court (if available).
• The case gets faster timelines, stricter procedural discipline, and a streamlined process for evidence and discovery.

In Tara’s case, we calculated not just the actual damages but also projected loss to reputation, brand dilution, and future losses. This pushed our claim well over the ₹3 lakh threshold, which meant our matter qualified as a commercial suit.

Here’s a checklist to help you decide on jurisdiction:

• Where does the plaintiff carry on business?
• What is the value of the claim?
• Does the state have a designated Commercial Court or a Commercial Division in the High Court?
• Is the infringement causing damage to the plaintiff’s business location?
• Are there any prior suits or pending litigation between the same parties?

Once you have confirmed jurisdiction, you are ready to move into the core of the suit. And that is where your pleadings begin, the story you tell, the facts you assert, the legal rights you claim, and the relief you seek.

Okay, let us now dive into how to structure the actual plaint, what to include in each part, and how to build a persuasive infringement suit that a judge can quickly understand and act upon.

So, how do you go about drafting? The first real step in litigation is drafting a well-structured infringement suit. It is not just about citing the law, it is about telling a compelling story backed by facts, documents, and clarity. Let us break it down.

Title of the suit and jurisdiction 

This section sets out the basic details, such as the title of the case, the cause title, and how the court has jurisdiction. In trademark matters, jurisdiction can be invoked under section 134 of the Trade Marks Act, 1999 and/or section 20 of CPC, based on where the plaintiff resides or carries on business or where the cause of action has arisen.

DRAFT:

IN THE HON’BLE COURT OF DISTRICT JUDGE _____

(COMMERCIAL DIVISION)

 CS COMM No. _____ of 2025

Candlemonium Pvt. Ltd.,
A company incorporated under the Companies Act, 2013, 

Having its registered office at:
12th Lane,

Candlemania
IM Towers, Juhu Circle,

SUIT FOR PERMANENT INJUNCTION, DAMAGES, DELIVERY UP AND RENDITION OF ACCOUNTS FOR INFRINGEMENT OF REGISTERED TRADEMARK AND PASSING OFF AND OTHER APPROPRIATE RELIEF(S).

ADVOCATES
____________________
Name of the Advocate and details

Urgent application

Since this is a trademark infringement, you can apply it as an urgent application, as you will be dealing with losses every day, since the opposition will be selling on a daily basis. 

IN THE HON’BLE COURT OF DISTRICT JUDGE _____

(COMMERCIAL DIVISION)

 CS COMM No. _____ of 2025

Candlemonium Pvt. Ltd.,
A company incorporated under the Companies Act, 2013, 

Having its registered office at:
12th Lane,

VERSUS

Candlemania
IM Towers, Juhu Circle,

URGENT APPLICATION

Kindly treat the accompanying application as an urgent application. The grounds of urgency are as stated in the accompanying Plaint, and the Plaintiff is seeking an urgent order as prayed for therein. 

The Plaintiff prays that the matter be listed before the Hon’ble Court on _____ or as per the convenience of the Hon’ble Court.

It is prayed accordingly. 

ADVOCATES
____________________
Name of the Advocate and details

PLACE: MUMBAI
DATE: ____

Introduction of the parties 

Here, you need to introduce both the plaintiff and the defendant, their legal status, and their role in the dispute. You must describe the plaintiff’s business, their trademark, and the defendant’s conduct briefly.

MOST RESPECTFULLY SHOWETH

1. The Plaintiff is a private limited company engaged in the business of manufacturing and selling handmade, eco-friendly candles under the brand name “CANDLEMONIUM”. The Plaintiff has been in business since ____ and has acquired substantial goodwill and reputation in India and abroad. The Plaintiff’s candles are sold both online and in boutique stores across India.
2. Ms. ____ is the authorised representative of the Plaintiff. Powers of Attorney executed by the Plaintiff are annexed herewith and marked as DOCUMENT – 1.
3. The Plaintiff is the registered proprietor of the word mark “CANDLEMONIUM” under Class 4 of the Trade Marks Act, 1999, under Registration No. 54321, dated ____. The Plaintiff’s Mark (shown below) was created by Tara Shivakumar herself and has been in use by the Plaintiff ever since.

4. The Defendant is a proprietorship concern engaged in the business of manufacturing and selling candles. The Defendant has recently launched a range of scented candles under the mark “Candlemania”, which is deceptively similar to the Plaintiff’s registered trademark and is being sold through various e-commerce platforms and retail outlets. Under the Defendant’s Mark, in the manner shown below.

Cause of action 

Here, you need to explain the cause of action. It should ideally explain how the dispute arose. This includes details of:

• The Plaintiff’s use and registration of the trademark,
• The Defendant’s infringing actions,
• How and when the Plaintiff came to know of the infringement,
• The resultant harm or likelihood of harm,
• Why the Plaintiff had no other option but to approach the court.

This section should clearly establish that the infringement is not just a theoretical possibility, but a real, ongoing or imminent harm. The goal is to show that the Plaintiff’s rights are being violated, and judicial intervention is necessary.

4. The Plaintiff adopted the trademark CANDLEMONIUM in the year 2025 and has continuously and extensively used the said mark in relation to its candle products. By virtue of prior adoption, continuous use, and registration, the Plaintiff has acquired statutory as well as common law rights in the mark. A copy of the Registration Certificate is annexed herewith and marked as DOCUMENT-2. 
5. The Plaintiff’s trademark enjoys considerable recognition among consumers, particularly in the premium handmade candle segment. The packaging, label design, colour scheme, and branding of the Plaintiff’s products are distinctive and associated exclusively with the Plaintiff in the minds of the consuming public.
6. On or about 1st April 2025, the Plaintiff discovered that the Defendant was marketing candles under the name “CANDLEMANIA”, a mark deceptively similar in appearance, pronunciation, and trade dress to the Plaintiff’s registered trademark. The Plaintiff found the Defendant’s products listed on popular e-commerce websites and also being sold through select offline retailers.
7. The Defendant has adopted not only a deceptively similar name but also an identical packaging layout, colour palette, and product description clearly with the intent to ride on the goodwill and reputation of the Plaintiff’s mark and create confusion among consumers.
8. The Plaintiff promptly issued a cease-and-desist notice to the Defendant on  6th April 2025, calling upon the Defendant to immediately stop using the infringing mark. However, the Defendant failed to comply and continues to manufacture, market, and sell the infringing goods. A copy of the notice is annexed herewith and marked as DOCUMENT-3.
9. The Defendant’s continued use of the impugned mark is causing irreparable harm to the Plaintiff’s brand identity, customer goodwill, and business revenue. Several consumers have already expressed confusion between the two marks, resulting in dilution of the Plaintiff’s brand value.
10. The cause of action first arose on 1st April 2025 when the Plaintiff became aware of the Defendant’s infringing activities and continues to subsist as the Defendant has refused to desist. The entire cause of action has arisen within the jurisdiction of this Hon’ble Court.

Jurisdiction and valuation 

In this part, you explain why the particular court has the authority (jurisdiction) to hear the matter. In trademark infringement cases, you can invoke:

• Section 134 of the Trade Marks Act, 1999 – Allows the Plaintiff to sue where they carry on business.
• Section 20 of CPC – Allows the suit to be filed where the cause of action arises or the Defendant resides or carries on business.

You must also mention the valuation of the suit for pecuniary jurisdiction and the court fees paid, as per the court’s procedural rules.

11. This Hon’ble Court has the jurisdiction to entertain and try the present suit by virtue of section 134 of the Trade Marks Act, 1999, and section 20 of the Code of Civil Procedure, 1908. The Plaintiff carries on business and has its principal office within the territorial jurisdiction of this Hon’ble Court. Furthermore, the cause of action has arisen within its jurisdiction, as the Defendant’s infringing goods are being offered for sale within Mumbai through both physical retail outlets and online platforms accessible in this territory.
12. For the purposes of court fee and jurisdiction, the Plaintiff values the relief of injunction at ₹2,00,000/- and seeks damages quantified at ₹20,00,000/-, subject to further and better particulars upon discovery and rendition of accounts by the Defendant. The requisite court fee has been paid on the reliefs claimed as per the provisions of Maharashtra Court Fees Act, 1959.

Details of the plaintiff’s trademark

Here you can talk about your client’s product. You can include all the details, such as:

• The details of the registered trademark (application number, class, date),
• Nature of goods/services for which the mark is used,
• Duration and manner of use (advertising, sales, recognition),
• The distinctiveness of the mark and the goodwill attached to it.

This part should convincingly show that the Plaintiff owns a valid and enforceable trademark and that the mark is well-recognised in the market.

13. The Plaintiff is the registered proprietor of the word mark “CANDLEMONIUM”, bearing Registration No. 54321 in Class 4, granted on 15th September 2020 under the provisions of the Trade Marks Act, 1999. The said registration is valid, subsisting, and has been renewed as required by law.
14. The trademark “CANDLEMONIUM” is used in connection with candles made from soy wax, beeswax, and other eco-friendly materials. These products are sold through the Plaintiff’s official website, partner platforms, boutique stores, and in select pop-up markets across India. The Plaintiff also runs a flagship retail outlet in Mumbai.
15. Since its adoption in 2019, the Plaintiff has extensively advertised and marketed its products under the said mark through social media platforms, collaborations, influencer campaigns, exhibitions, and print media. The mark has acquired distinctiveness and has become exclusively associated with the Plaintiff in the eyes of the public and within the trade.
16. Owing to consistent quality, unique branding, and consumer loyalty, the Plaintiff has built a substantial reputation and goodwill in the “CANDLEMONIUM” mark. The mark is prominently displayed on product labels, packaging, promotional material, website content, and all marketing communications.
17. The Plaintiff has invested significant financial and creative resources in building the brand identity of “CANDLEMONIUM”, which includes not only the name but also a distinctive trade dress, logo, and colour palette, all of which have become recognisable identifiers in the niche candle market.

Acts of the defendant

This can be the heart of the infringement claim. You can describe how the Defendant is using the infringing mark. You can also show similarity between the marks (visually, phonetically, conceptually). Explain how this creates confusion among consumers, highlight bad faith, if any (such as copying packaging or riding on goodwill). Here you can also include any failed attempts to resolve the matter (e.g., cease-and-desist notice). The goal is to clearly show that the Defendant’s use is unlawful, deceptive, and damaging to the Plaintiff.

18. The Plaintiff has recently discovered that the Defendant, operating under the trade name “CANDLEMANIA”, has launched a series of scented candles under the mark “CANDLEMANIA”, which is phonetically and visually similar to the Plaintiff’s registered trademark “CANDLEMONIUM”. The products are being sold on major e-commerce platforms, including Amazon and Flipkart, as well as in boutique stores located in various cities, including Mumbai, Bengaluru and Kochi.
19. The Defendant’s product packaging mirrors that of the Plaintiff, featuring two candles holding hands. The overall presentation and branding appear calculated to mislead consumers into believing that the Defendant’s products originate from or are associated with the Plaintiff.
20. The impugned mark “CANDLEMANIA” is deceptively similar to the Plaintiff’s mark “CANDLEMONIUM” in pronunciation, structure, and consumer impression. The use of an identical prefix (“CANDL-”) followed by a suffix that mimics the unusual construction of the Plaintiff’s coined mark is clearly intended to cause confusion and exploit the Plaintiff’s reputation.
21. Several customers have already contacted the Plaintiff regarding quality concerns, mistakenly believing they had purchased Plaintiff’s products when in fact they had purchased those of the Defendant. These incidents highlight the real and immediate confusion caused in the minds of consumers.
22. The Defendant’s conduct constitutes not only infringement under section 29 of the Trade Marks Act, 1999, but also amounts to passing off by misrepresenting its goods as those of the Plaintiff’s, thereby causing damage to the Plaintiff’s brand and reputation.
23. On 6th April 2025, the Plaintiff issued a cease-and-desist notice to the Defendant demanding immediate discontinuation of the infringing use. However, the Defendant failed to respond or comply with the said notice, and continues to carry on the infringing activity unabated.
24. The Defendant’s actions are willful, dishonest, and amount to unfair trade practices aimed at unlawfully encashing upon the reputation and goodwill of the Plaintiff.

Grounds for relief 

Here you are outlining the legal basis for the Plaintiff’s claim. 

25. The Plaintiff is entitled to protection of its registered trademark “CANDLEMONIUM” under the provisions of the Trade Marks Act, 1999, particularly section 28, which grants exclusive rights to use the registered trademark; section 29, which defines infringement and prohibits use of identical or deceptively similar marks in relation to the same or similar goods; Section 134, which provides for institution of suits for infringement in the court having jurisdiction where the Plaintiff carries on business.

26. The Defendant’s unauthorised use of the impugned mark “Candlemania” for identical goods clearly falls within the purview of infringement under section 29(2)(b) and (c), as the similarity in the marks and goods is likely to cause confusion among the public.
27. In addition to infringement, the Defendant’s actions constitute passing off, a common law tort, as the Defendant is misrepresenting its goods as those of the Plaintiff and is unfairly benefiting from the Plaintiff’s reputation and goodwill.
28. The continued use of the impugned mark by the Defendant is causing dilution of the distinctive character of the Plaintiff’s mark and may irreversibly damage the Plaintiff’s reputation, particularly in the niche market of eco-conscious luxury candles.
29. The Plaintiff submits that it has no adequate remedy at law to prevent the ongoing infringement and passing off, and that unless restrained by this Hon’ble Court, the Defendant will continue to cause confusion, deception, and injury to the Plaintiff’s commercial interests.
30. The balance of convenience lies in favour of the Plaintiff, who stands to suffer irreparable loss and injury in the absence of an injunction. The Defendant, on the other hand, would not suffer any unjust hardship if directed to stop using a mark which it had no legitimate right to adopt in the first place.

Prayer 

This is the part where you clearly and concisely state the relief being sought. The prayer should include a permanent injunction against infringement and passing off, you can also seek damages or an account of profits. You can also seek delivery-up or destruction of infringing goods and materials.

Each relief should be framed in a numbered paragraph to allow the court to address it individually.

PRAYER

In light of the above, the Plaintiff most respectfully prays that this Hon’ble Court may be pleased to:

a. Pass a decree of permanent injunction, restraining the Defendant, its partners, agents, stockists, dealers, retailers, servants, and all others acting for and on its behalf from using the mark “Candlemania” or any other mark deceptively similar to the Plaintiff’s registered trademark “CANDLEMONIUM”, in relation to candles or any allied and cognate goods, in any manner whatsoever;

b. Pass a decree of permanent injunction restraining the Defendant from committing acts of passing off its goods as those of the Plaintiff;

c. Direct the Defendant to deliver up all impugned products, labels, packaging, promotional materials, signage, and any other articles bearing the mark “Candlemania” for destruction;

d. Direct the Defendant to render true and accurate accounts of profits earned by use of the impugned mark and to pay over such amounts found due to the Plaintiff;

e. In the alternative to prayer (d), pass a decree of damages to the tune of ₹20,00,000/- in favour of the Plaintiff;

f. Award the costs of this suit to the Plaintiff;

g. Grant such other and further reliefs as this Hon’ble Court may deem fit and proper in the interests of justice.

Place Mumbai 

Date: _____

For the Plaintiff
Through Counsel

_______________
Adv. [Insert Name]
Enrollment No.
Address, Email, Phone

Once all these sections are ready, you will file the suit along with the necessary affidavits, Vakalatnama, and court fee. But a good plaint is not just paperwork, it is the opening salvo of your legal battle. It sets the tone, frames the issues, and gives the judge a clear picture of what is at stake.

Next up, I will walk you through Interim Relief and Injunctions because waiting for the final judgment is not always an option when infringement is ongoing.

Understanding interim relief and injunctions

You and I both know that litigation takes time. From filing the suit to final judgment, the process could take months, sometimes even years. But when your brand is being actively diluted or confused in the market right now, you cannot afford to wait. That is why interim relief, especially an interim injunction, is one of the most critical tools in trademark litigation.

In Tara’s case, once the plaint was filed, we did not just sit back and wait for the summons. We immediately moved a separate interim application under Order XXXIX, Rules 1 and 2 of the Civil Procedure Code (CPC). This allowed us to ask the court for urgent protection, a temporary stop to Candlemania’s activities while the case was ongoing. I will answer some common questions when it comes to this. 

Where can you seek this? You should seek interim relief:

• When the infringing goods are already in the market,
• When there is visible customer confusion,
• When there is a risk of irreparable loss (e.g., damage to brand reputation or goodwill),
• When a delay would defeat the purpose of the suit.

The law requires three key elements to be shown:

1. Prima facie case – that your claim appears legally valid at first glance,
2. Balance of convenience – that greater harm will be caused to you than to the defendant if the injunction is not granted,
3. Irreparable injury – that you would suffer harm that cannot be compensated by money alone.

In Tara’s case, we showed all three:

• She had a registered trademark.
• She had documented instances of customers mistaking Candlemania for Candlemonium.
• Her entire brand image was at stake, something that could not be repaired with money if lost.

What should you include in the interim application? 

Your interim application should be precise, well-documented, and supported by an affidavit. Here is what we included:

• Statement of urgency: Why waiting for a final hearing would cause harm.
• Factual matrix: A brief summary of Tara’s use of the trademark, her registration, and Candlemania’s activities.
• Legal grounds: Provisions of the Trade Marks Act, 1999, and Order XXXIX of the CPC.
• Supporting evidence: Side-by-side product comparisons, screenshots of online listings, customer complaints, and sales records.

We also submitted a draft order to make it easier for the court to grant the relief.

Types of interim relief you can seek

Depending on your case, you can ask for:

• Interim injunction: To temporarily restrain the defendant from using the mark or selling the infringing product.
• Anton Piller order: In extreme cases, to search the defendant’s premises and seize infringing goods (requires strong proof).
• John Doe order: When the infringers are unknown, such as in online counterfeit cases.

In Tara’s case, we sought a temporary injunction preventing Candlemania from manufacturing, advertising, or selling products under the infringing name until the suit was decided.

So what happens next? Once filed, the court usually issues notice to the defendant and schedules a short hearing. If the judge is convinced, they can:

• Grant an ex parte injunction (without hearing the other side),
• Or issue a notice of motion for a hearing for both parties before deciding.

In our matter, the judge issued an ex parte ad-interim injunction, preventing Candlemania from selling its products under the contested mark until the next hearing. This was a huge relief because it meant the damage was halted while the litigation continued.

If you are preparing or defending such an application, remember: timing is everything. The sooner you act, the stronger your position. Courts are far more sympathetic to plaintiffs who take swift action to protect their rights.

Remedies: Injunction, damages, and beyond

Winning a trademark infringement suit is not just about recognition, it is about restoring what was lost, preventing further harm, and sending a message to others who might try something similar. When you are on the plaintiff’s side, as we were with Tara, the court’s final relief becomes a critical turning point.

This is where the judgment does not just acknowledge that your rights were violated—it actively helps you undo the damage.

Permanent injunction: The most crucial relief

The first and most common relief is a permanent injunction. If you have successfully proved infringement, the court will typically restrain the defendant from using the infringing mark any further. This means Candlemania would be legally barred from:

• Manufacturing or selling products under the infringing mark,
• Advertising using the mark,
• Operating websites or social media under the name,
• Any use that causes confusion with Candlemonium.

In Tara’s case, the court granted a permanent injunction. This meant the other party had to immediately take their products off the shelves and stop all branding under “Candlemania.” It was a huge victory, not just in court, but for the integrity of her brand in the eyes of customers and competitors.

Damages or account of profits

Next comes compensation. In Indian courts, there are two primary financial remedies:

• Damages: This is a monetary amount to compensate you for losses, actual or estimated.
• Account of profits: This is where the infringer is ordered to disclose and pay back the profits they made by misusing your trademark.

You usually have to choose one because you cannot get both. Courts tend to award nominal or exemplary damages in many cases unless you provide solid proof of actual loss. This is where many plaintiffs stumble.

In Tara’s case, we had maintained basic sales data, but not enough to show a sharp drop due to Candlemania’s launch. However, we had customer complaints and documented confusion, which helped. The court awarded nominal damages, which were not substantial in monetary terms but were still symbolic.

If you are preparing a case, here is how you can improve your chances of meaningful compensation:

• Maintain detailed sales records over time,
• Keep customer queries or complaints about confusion,
• Gather marketing and promotional budgets that you spent in good faith,
• Keep tabs on the infringer’s market presence and pricing (to argue for an account of profits).

Destruction or delivery up of infringing goods

Another remedy often granted is an order for:

• Destruction of infringing goods and packaging, or
• Delivery of such goods to the plaintiff.

This is especially important if the infringing products are already circulating in the market. The goal is to prevent further distribution and remove deceptive goods from the supply chain.

In our case, the court directed that all unsold Candlemania-branded goods be handed over and destroyed. Tara did not want a single candle under that name, confusing her loyal customers again.

Legal Costs

Courts may also award costs of litigation to the winning party. This typically includes court fees and legal expenses. While the amounts awarded are often conservative in Indian courts, they reinforce the point that defending your IP should not leave you financially drained.

Publication of judgment

In high-profile or particularly egregious cases, courts sometimes direct the defendant to publicly acknowledge the decision, for instance, by publishing it in a newspaper. While not very common, this is a remedy worth considering if brand reputation has been severely affected.

Conclusion

When we walked out of the courtroom, the judgment in Tara’s hands, it was not just a legal win; it was a validation of her journey. The court recognised the uniqueness of her brand, the effort behind Candlemonium, and the wrongfulness of Candlemania’s actions.

It reminded me, and should remind you, that trademark law is not just about legal paperwork. It is about identity, trust, and the stories behind every brand. When you protect a mark, you are really protecting a creator’s belief in their work.

So if you, or your client, find yourself in the same position Tara was, know this: the law is on your side. But it takes preparation, persistence, and a deep understanding of both the process and the story you are trying to protect.