Chapter XIII - Miscellaneous
Section 135
Section 135: Injunctions, damages and other civil relief
The court may grant injunctions and the plaintiff’s choice of damages or an account of profits, with qualifying delivery-up and interim measures.
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Need advice on Section 135?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) 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) and at the option of the plaintiff, either damages or an account of profits, together with or without any order for the delivery-up of the infringing labels and marks for destruction or erasure.
(2) The order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:—
(a) for discovery of documents;
(b) preserving of infringing goods, documents or other evidence which are 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 plaintiff’s ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.
(3) 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 any case—
(a) where in a suit for infringement of a trade mark, the infringement complained of is in relation to a certification trade mark or collective mark; or
(b) where in a suit for infringement the defendant satisfies the court—
(i) that at the time he commenced to use the trade mark complained of in the suit, he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was on the register or that the plaintiff was a registered user using by way of permitted use; and
(ii) that when he became aware of the existence and nature of the plaintiff’s right in the trade mark, he forthwith ceased to use the trade mark in relation to goods or services in respect of which it was registered; or
(c) where in a suit for passing off, the defendant satisfies the court—
(i) that at the time he commenced to use the trade mark complained of in the suit, he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was in use; and
(ii) that when he became aware of the existence and nature of the plaintiff’s trade mark he forthwith ceased to use the trade mark complained of.
Rule and business relevance
Subsection (2) addresses ex parte and interlocutory measures preserving evidence and recovery. Subsection (3) limits non-nominal damages and profit accounts in the listed categories, including certification or collective marks and specified innocence followed by immediate cessation.
Limits and related provisions
Do not promise both damages and an account of profits as cumulative awards under subsection (1), or assume every infringement yields a monetary award. The statute’s special-category and knowledge conditions require separate review.
Hypothetical business example
Hypothetical example: A proprietor seeks an injunction and chooses a monetary remedy, while the court examines whether the defendant proves the relevant lack-of-knowledge and immediate-cessation conditions.
Practical decision flow
Identify the requested relief and choose the appropriate monetary basis.
Preserve infringement, loss and profit evidence for the remedy sought.
Check subsection (3) limits and any justified interim protection.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify the requested relief and choose the appropriate monetary basis.
- Preserve infringement, loss and profit evidence for the remedy sought.
- Check subsection (3) limits and any justified interim protection.
Avoid
- Do not promise both damages and an account of profits as cumulative awards under subsection (1), or assume every infringement yields a monetary award. The statute’s special-category and knowledge conditions require separate review.
Glossary
- Account of profits
- The alternative monetary remedy based on the defendant’s relevant profits.
- Nominal damages
- The limited damages category preserved by the wording of subsection (3).
Frequently asked questions
Can both monetary alternatives be demanded as the section’s cumulative award?
The text provides either damages or an account of profits at the plaintiff’s option.
Can interim orders protect evidence?
Yes. Subsection (2) expressly includes that purpose.
Does innocent commencement alone satisfy the listed defence to substantial monetary relief?
The relevant limbs also require forthwith cessation when the rights become known.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026