Skip to main content

In part two of a two part series Pravin Anand highlights some practical do’s and do-not’s in a typical trademark litigation in India.

The article focuses on particular aspects of trademark litigation: documents, mode of proof and final arguments and other issues.

It is not essential to file original documents, but they may be produced at the time of the trial and can be shown and taken back. If this is done, then the copy on the court record will be marked as “original seen and returned.” If the document pertains to something in a government office like the Registrar of Companies or the Registrar of Trademarks, a certified copy can be filed.

To prove the turnover of a company, one should ideally file an audited report. One could include the turnover in the evidence affidavit, but if cross-examination is on a particular turnover entry, it would be essential to rely upon an audited report or an extract from the annual report. In the past, witnesses would have to carry books of accounts and show entries in the same, but now, no one actually insists on this, nor would a court take the absence of such a proof as of any serious consequence.

It is a good idea to make a list of points on which you scored well and then summarize the questions and answers on those points. Such an analysis will help prepare the final arguments in the case. Always use as many assisting techniques as possible such as list of dates, PowerPoint presentations or animations, graphics to show family charts or comparison of infringing marks with the original or pictures demonstrating a mode of display, etc.

Part one: Proving Your Trademark Case

This article was published in Asia IP June 2015.

Read more

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
Jun 16, 2026

First published by Lexology. Authors: Pravin Anand and Dr. Neeti Wilson Introduction India’s biodiversity is one of its greatest strategic assets.

India’s Biodiversity Framework at a Crossroads: Industry Perspectives on the Biological Diversity Act and ABS Regulations, 2025
News & Updates, Thought Leadership
Jun 16, 2026

First published by Lexology. Authors: Sandhya Singh and Sampada Kapoor Introduction In today’s marketplace, consumers often identify products not

Protecting Colour as a Brand Asset: Lessons from the Exide-Amara Raja Decision
News & Updates, Thought Leadership
Jun 11, 2026

‘First published on Legal500’ By: Lakshmidevi Somanath The Supreme Court of India’s 2025 decision in K. Mangayarkarasi and Anr v. N. J. Sundaresan marks

Arbitrating Trademark Disputes Following Mangayarkarasi – The Extent of Contractual Reach into Public Law
Thought Leadership
May 30, 2026

‘First published on Enterprise IT World’ Author: Subroto Kumar Panda The defining question for every board of directors has changed. It is no longer,

From Blueprint to Battle-Ready: The CIO’s Executive Guide to Cyber Resilience