Section 135 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 135 lists what a court may grant in a suit for infringement or passing off referred to in section 134: an injunction, damages or an account of profits at the plaintiff's option, and delivery-up of infringing labels and marks. It also allows ex parte and interim orders on discovery, preservation of evidence and the defendant's assets, and it names the cases where only nominal damages can be awarded. If you are preparing for a suit, start with a trademark infringement notice and a clear record of the infringing use.
The court may grant an injunction (on such terms as it thinks fit) and, at the plaintiff's option, either damages or an account of profits, with or without delivery-up of infringing labels and marks for destruction or erasure. The injunction may include an ex parte order or interlocutory order on discovery, preservation of evidence and the defendant's assets. No damages beyond nominal, and no account of profits, are available against a certification or collective mark infringement or against an innocent defendant who stopped at once.
Sub-section (1): the main reliefs
"The relief which a court may grant in any suit for infringement or for passing off referred to in Section 134 includes":
- injunction, "subject to such terms, if any, as the court thinks fit";
- at the option of the plaintiff, either damages or an account of profits; and
- "together with or without any order for the delivery-up of the infringing labels and marks for destruction or erasure".
| Relief | Who chooses | Note |
|---|---|---|
| Injunction | Court grants, on terms it thinks fit | Terms are at the court's discretion |
| Damages | Plaintiff opts | An alternative to account of profits |
| Account of profits | Plaintiff opts | An alternative to damages |
| Delivery-up of infringing labels and marks | Court may order with or without other relief | For destruction or erasure |
The word "includes" means the list is not closed. The text gives the plaintiff the choice between damages and account of profits; it does not allow both for the same infringement.
Sub-section (2): ex parte and interim orders
"The order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters":
| Clause | Matter |
|---|---|
| (a) | Discovery of documents |
| (b) | Preserving of infringing goods, documents or other evidence related to the subject-matter of the suit |
| (c) | Restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect the plaintiff's ability to recover damages, costs or other pecuniary remedies which may finally be awarded |
An ex parte order is one made without hearing the other side first. The section permits it but does not set the standard on which a court should grant it, nor any time limit; those matters are not in the text. Clause (c) is aimed at a defendant who may move assets away before judgment.
Example. Mehra Beverages finds a stall selling cartons that copy its registered label "SUNRAY". It asks the District Court for an injunction, for preservation of the stock and invoice books under clause (b), and for an order under clause (c) stopping the defendant from selling its warehouse. Whether any of these is granted is for the court.
Sub-section (3): when damages and profits are barred
"Notwithstanding anything contained in sub-section (1), the court shall not grant relief by way of damages (other than nominal damages) or on account of profits" in these cases:
(a) Certification trade mark or collective mark
Where, in a suit for infringement, the infringement complained of is in relation to a certification trade mark or collective mark.
(b) Innocent defendant in an infringement suit
Where the defendant satisfies the court on both points:
- at the time he commenced to use the mark complained of, he was unaware and had no reasonable ground for believing that the plaintiff's trade mark was on the register, or that the plaintiff was a registered user using by way of permitted use; and
- when he became aware of the existence and nature of the plaintiff's right in the trade mark, he forthwith ceased to use the mark in relation to the goods or services in respect of which it was registered.
(c) Innocent defendant in a passing off suit
Where the defendant satisfies the court on both points:
- at the time he commenced to use the mark, he was unaware and had no reasonable ground for believing that the plaintiff's trade mark was in use; and
- when he became aware of the existence and nature of the plaintiff's trade mark, he forthwith ceased to use it.
| Situation | Damages or account of profits? |
|---|---|
| Infringement of certification or collective mark | Nominal damages only |
| Infringement, defendant unaware of register entry and stopped at once | Nominal damages only |
| Passing off, defendant unaware the mark was in use and stopped at once | Nominal damages only |
| Any other case | Available, at plaintiff's option |
The burden is on the defendant: the text says the defendant "satisfies the court". Both conditions must be met; ignorance at the start is not enough if he keeps using the mark after learning of it. Note that this bar is only on damages and profits. The text does not say the injunction is barred in these cases. For the certification and collective marks themselves, see certification trade marks and collective marks.
Practical points
- A written notice records the date from which the defendant is "aware"; after that date, continued use removes the protection of sub-section (3)(b) and (c).
- Choose between damages and account of profits with the lawyer; the text gives the option to the plaintiff.
- Ask for preservation and discovery orders early; clause (2)(b) is about evidence that can vanish.
- The section states no amounts, no limitation period and no court fee.
Need help with relief in an infringement suit?
The reliefs in section 135 are easier to pursue when the evidence is gathered before the notice goes out. Our trademark infringement notice service can help you prepare the record that supports a claim for injunction and damages.
Key takeaways
- Section 135 applies to suits for infringement or passing off referred to in section 134.
- Injunction is on terms the court thinks fit; damages and account of profits are alternatives at the plaintiff's option.
- Delivery-up of infringing labels and marks for destruction or erasure may be ordered.
- Ex parte or interlocutory orders may cover discovery, preservation of evidence and restraint on the defendant's assets.
- Only nominal damages are available for certification or collective mark infringement and against an innocent defendant who stopped forthwith.
Read next
- Section 134: suit for infringement before a District Court
- Section 142: groundless threats of legal proceedings
- Civil remedies for trademark infringement: injunction and damages
- Passing off: common law protection for unregistered marks
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.