You have a remedy whether or not you registered the mark. Registration simply makes it much easier.
Registered: infringement
Section 29 of the Trade Marks Act, 1999 is engaged where a person who is not the proprietor uses, in the course of trade, a mark identical or deceptively similar to the registered mark, in relation to the same or similar goods or services, in a way likely to cause confusion. For an identical mark on identical goods, confusion is presumed, which is precisely why registration is worth having. Section 29(4) extends protection to dissimilar goods where the mark has a reputation in India and the use takes unfair advantage of it.
Unregistered: passing off
A common law action, preserved by Section 27(2). You must prove the classic trinity: goodwill in the mark, a misrepresentation by the defendant leading to confusion, and damage or likelihood of damage. It is more evidence-heavy than infringement because you have to build the reputation from scratch with sales figures, advertising, and market presence.
The sequence that works
- Evidence first. Screenshots with visible URLs and dates, archived pages, purchase of the infringing product with an invoice, and a record of your own first use.
- Cease and desist notice. Specific, with a deadline, and a demand to stop use, withdraw stock, transfer any domain and confirm compliance in writing. A large proportion end here.
- Platform takedowns, in parallel: the brand registry mechanisms of the marketplace, the domain registrar for a confusingly similar domain, and the social platform's IP form.
- Suit and interim injunction before the appropriate court, seeking an ad interim injunction, and where required, an Anton Piller style order for local commissioners to seize infringing goods.
Interim injunctions in IP cases turn on urgency. Waiting a year after you learned of the use, and then claiming irreparable harm, invites the answer that you acquiesced. Act within weeks, not months, and keep the record showing when you first became aware.
Criminal remedies
Falsifying or falsely applying a trade mark is an offence under Sections 103 and 104, punishable with imprisonment and fine, and these are cognizable. Criminal complaints are used mainly against counterfeiters rather than in genuine commercial disputes.