Trademark Infringement Lawyer in Odisha
When a trademark is used without authorisation, a civil suit for infringement or passing off can be filed before the District Court or, where the Commercial Courts Act applies, the Commercial Court or Odisha High Court — seeking an interim injunction, damages, and an account of profits. Opposition proceedings before the Trademark Registry are a separate, earlier-stage process to object to a conflicting mark's registration. Advocate Debarchana Samal represents trademark owners and respondents in both litigation and opposition matters across Odisha.
Matters Handled
Litigation and Opposition Proceedings
Infringement Suits
Filing civil suits for infringement of a registered trademark before the District Court or, where the Commercial Courts Act applies, the Commercial Court/Odisha High Court.
Passing-Off Actions
Suits for passing off, protecting an unregistered mark's goodwill and reputation against deceptive use by a third party.
Interim Injunction Applications
Urgent applications for an ad-interim or interim injunction to restrain continued use of an infringing mark pending trial.
Opposition Before the Trademark Registry
Filing and contesting opposition proceedings before the Trademark Registry against a conflicting mark's registration — separate from and prior to any litigation.
Damages & Account of Profits
Claims for damages or an account of profits made by the infringer, in addition to or instead of an injunction, depending on the facts.
Commercial Court Jurisdiction
Advice on whether a trademark dispute falls within Commercial Court jurisdiction under the Commercial Courts Act, where the claim exceeds the specified value.
Forum & Remedies
Where Trademark Disputes Are Litigated
A civil suit for trademark infringement, or for passing off where the mark is unregistered, is generally filed before the District Court having territorial jurisdiction. Where the value of the claim exceeds the specified value under the Commercial Courts Act, the suit instead proceeds before the designated Commercial Court, or in its commercial jurisdiction before the Odisha High Court — a distinct and often faster track of litigation with its own procedural timelines.
Alongside the suit, an application for an interim or ad-interim injunction can be filed to restrain the infringing party from continuing to use the conflicting mark while the case is pending. The final relief available at trial includes a permanent injunction, damages for the loss caused, or alternatively an account of profits earned through the infringing use.
Separately, where a conflicting trademark application is published before registration, an opposition proceeding can be filed before the Trademark Registry within the prescribed period — this is an administrative, Registry-level process distinct from civil litigation, and is generally the earlier opportunity to object before a conflicting mark is actually registered.
Why Choose Us
Litigation & Opposition Together
Whether the dispute is before a civil court or the Trademark Registry, representation is handled under one roof.
Urgent Injunction Applications
Interim injunction applications are prepared promptly where continuing infringement is causing ongoing harm to your business.
Jurisdiction Assessed Upfront
Each matter is assessed to determine whether it falls within Commercial Court jurisdiction, avoiding delay from filing in the wrong forum.
Direct, Confidential Handling
Advocate Debarchana Samal personally reviews every trademark dispute taken up.
Frequently Asked Questions
Where is a trademark infringement suit filed in Odisha?
A suit for trademark infringement or passing off is generally filed before the District Court having jurisdiction, or before the Commercial Court where the Commercial Courts Act applies because the claim exceeds the specified value. In certain cases, infringement suits can also be filed directly before the Odisha High Court in its original or commercial jurisdiction.
What is the difference between a trademark infringement suit and an opposition proceeding?
An infringement or passing-off suit is civil litigation seeking remedies such as injunction, damages, or account of profits against someone already using a conflicting mark in the market. An opposition proceeding, by contrast, is filed before the Trademark Registry to object to a conflicting mark's registration application before it is granted — it does not itself stop ongoing use, and is a separate process from litigation.
What is passing off, and can I sue even if my trademark is not registered?
Passing off is a common-law remedy available even without trademark registration, protecting the goodwill and reputation built up in a mark through use. A passing-off suit can be filed where a third party's use of a similar mark is likely to deceive or cause confusion among customers, or to misrepresent their goods or services as yours.
How quickly can an injunction be obtained to stop someone from using my trademark?
An application for an interim or ad-interim injunction can be moved along with the suit itself, and in cases of urgency the court may grant interim relief at an early stage pending full hearing of the application. Whether urgent relief is granted depends on the strength of the evidence of infringement and the balance of convenience, assessed by the court on the facts presented.
What remedies can I claim in a trademark infringement suit besides stopping the infringing use?
Along with an injunction restraining further use of the infringing mark, a plaintiff can generally claim damages for loss suffered, or alternatively seek an account of profits earned by the infringer through the unauthorised use, along with delivery-up or destruction of infringing goods and material in appropriate cases.
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Serving clients across Cuttack, Bhubaneswar, and all districts of Odisha.