What can a foreign company do if its trademark or product is being counterfeited in India?

A civil suit for infringement, filed in a competent High Court or district court, can seek an interim injunction to stop the infringing activity quickly (often within weeks in clear-cut cases), along with permanent injunction, damages or an account of profits, and destruction of infringing goods at final judgment. Registered rights make this significantly faster and stronger, since a registration certificate is prima facie proof of ownership, whereas relying on unregistered rights (passing off, for trademarks) requires proving reputation and goodwill in India, which takes more evidence and time.

In parallel, criminal complaints can be filed with local police for counterfeiting, which under Indian law is a cognizable offense allowing police to act on a complaint without needing a court order first, and Customs recordal lets a rights holder register its trademark or copyright with Indian Customs so that suspected counterfeit shipments are flagged and detained at the port of entry before they reach the market. Combining these routes — civil action against known infringers, criminal complaints where counterfeiting is organized or large-scale, and Customs recordal to catch future shipments — gives more comprehensive protection than relying on any single mechanism alone.