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How can I stop someone from misusing or copying my trademark in India?

If someone is misusing your trademark or brand name, then an action of passing off or infringement can be taken against such entity.

For unregistered marks, a common law action of passing off can be initiated.  The basis of this remedy is based on the principle that nobody is allowed to sell his goods as goods of another person. The owner of the mark has to prove that the two mark are either identical or similar and there is a likelihood of confusion.

For registered marks, a statutory action of infringement of trademark. This remedy is conferred on the registered proprietor of a registered trade mark under the Trademark Act, 1999 for the vindication of the exclusive right to use the trade mark. The registered proprietor of a registered trade mark only needs to prove the similarity between the marks and the likelihood of confusion is presumed.

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