Trademark infringement in India is a serious offense that undermines the rights of trademark owners and misleads consumers. The legal framework in India provides both civil and criminal remedies to address such infringements, verifying that the rights of trademark proprietors are protected.

Civil Remedies

Trademark proprietors can initiate civil proceedings against infringers to safeguard their rights. The primary civil remedies include:

• Injunctions: Courts may issue orders to restrain the infringer from using the trademark, preventing further unauthorized use.
• Damages or Account of Profits: The infringer may be directed to compensate the trademark owner for losses incurred or to account for profits made through the infringement.
• Delivery-Up or Destruction of Infringing Goods: The court can order the seizure and destruction of goods bearing the infringing trademark.

Criminal Penalties

The Trade Marks Act, 1999, prescribes stringent criminal penalties for trademark infringement to deter potential infringers. These penalties include:

• Imprisonment: An infringer can face imprisonment for a term not less than six months, which may extend up to three years.
• Fines: A monetary fine ranging from ₹50,000 to ₹2,00,000 can be imposed on the infringer.

These provisions underscore the seriousness with which trademark infringement is viewed in India.

Notable Case Studies

To show the application of these penalties, consider the following cases:

• Amazon's Infringement of "Beverly Hills Polo Club" Trademark: In February 2025, an Indian court ordered Amazon to pay $39 million in damages for infringing the "Beverly Hills Polo Club" (BHPC) trademark. The court found that Amazon's India website sold apparel with a logo similar to BHPC's registered trademark, leading to consumer confusion. This case highlights the substantial financial repercussions of trademark infringement.
• Puma SE vs. Ashok Kumar (CS COMM 703/2022): Puma SE filed a suit for a permanent injunction against Ashok Kumar, alleging unauthorized use of its well-known "PUMA" trademark. The Delhi High Court granted the injunction, emphasizing the importance of protecting established trademarks from misuse.
• MakeMyTrip India Private Limited vs. Booking.Com B.V. & Ors (CS (COMM) 268/2022): MakeMyTrip (MMT) alleged that Booking.com used MMT's registered mark "MakeMyTrip" as a keyword in the Google Ads Program, amounting to trademark infringement and passing off. The court recognized the potential for consumer confusion and ruled in favor of MMT, reinforcing the protection of trademarks in digital advertising.

Final Remarks
Trademark infringement in India attracts significant civil and criminal penalties, reflecting the country's commitment to protecting intellectual property rights. The aforesaid cases demonstrate the judiciary's proactive stance in addressing infringements and upholding the rights of trademark owners. Businesses are advised to conduct thorough due diligence to safeguard their trademarks do not infringe upon existing ones, thereby avoiding legal repercussions.