Legal Basis for Police Complaint

• Yes, you can file a police complaint for trademark misuse if the act qualifies as a criminal offence under the Trade Marks Act, 1999.
  
• Misuse includes counterfeiting, falsification, unauthorized use, or applying a false trademark.
  
• Such acts are punishable under Sections 103 to 105 of the Act.
  
• The offences are cognizable and non-bailable, allowing police to take direct action without prior court approval.
  

When to Approach Police Authorities

• If there is clear evidence of use of a registered trademark without authorization.
  
• When counterfeit goods bearing your trademark are being manufactured, distributed, or sold.
  
• In cases involving organized rackets, commercial scale misuse, or repeat infringement.
  
• If the misuse is causing damage to reputation, public deception, or consumer harm.
  

Filing the Complaint

• Submit a written complaint to the local police station or Intellectual Property Cell (where available).
  
• Include the trademark registration certificate, details of infringement, and evidence such as counterfeit products, labels, or packaging.
  
• Mention the location, parties involved, and how the misuse violates your legal rights.
  
• The complaint may lead to registration of an FIR (First Information Report) and initiation of an investigation.
  

Role of Police and Enforcement Agencies

• Police may raid premises, seize counterfeit goods, and arrest the accused based on the complaint.
  
• They can act on their own or in coordination with customs officers, licensing authorities, or legal representatives.
  
• Investigation includes interrogation, sample collection, and forensic verification of goods.
  
• The matter is then processed under the criminal justice system.
  

Precautions and Legal Support

• Engage a trademark attorney to assist in preparing a strong, evidence-backed complaint.
  
• Ensure your trademark is registered and active to support criminal enforcement.
  
• Follow up regularly with authorities to ensure the complaint is pursued diligently.
  
• Filing a police complaint complements civil enforcement and deters further violations through criminal prosecution.