Trade mark infringement in India

A European company has been using a particular trade mark in relation to their products and services in the automotive industry for a few decades. Since the trade mark of the European company held international reputation, it hesitated to register it in India. Until recently, India had not been a priority market for the European company, which also believed it could rely on the protection of unregistered trade marks in India. This would allow them to carry out any business in India without trade mark registration, thereby saving costs. Following a consultation with an IP expert, they finally decided to register their trade mark to be on the safe side. Over the last years, the trade mark has gained a significant reputation in the Indian market as it became associated with certain quality of products and services. Through a constant monitoring of the market in India, including its competitors and suppliers, the European company noticed that a particular local manufacturer was producing the same products under an identical trade mark and trade dress including colour and font combination. They decided to consult an IP expert on how to best tackle this situation.