If tomorrow the Dutch SME operates in India by registering its trademark in India and someone infringes its trademark, then how will the Dutch SME get relief in suits for infringement/passing off under the Indian law quo

The relief in the suit could be realized under Civil Litigation. It says that a suit can be instituted either under the law of passing off or for trade mark infringement under the Trade Marks Act, 1999 depending on whether the Trade Mark is unregistered, pending registration or registered respectively. Meaning thereby, if the Trade Mark is not registered in India then the remedy available is under the 'Law of Passing off' and if the Trade Mark is registered then the statutory remedy available under the Trade Marks Act, 1999 can be availed. The important aspects of the legal action are as follows: Jurisdiction and Venue: The suit for passing off and/or infringement can be instituted either in the District Court or in the High Court depending on the valuation of the suit and the pecuniary jurisdiction of the Courts. Apart from the pecuniary jurisdiction, the other aspect which needs to be taken care of while deciding the appropriate forum for the suit is the territorial jurisdiction of the court. The suit can be filed in the court which has territorial jurisdiction over the place where the rights holder or one of the rights holders actually and voluntarily reside or work for gain or carry on its business. Elements of the Complaint: In the complaint, the rights holder is required to demonstrate that: (a) the alleged infringing act involves a mark that is identical or similar to a trade mark of the rights holder; (b) the infringing representation of a trade mark is being used in connection with goods or services and might lead to confusion in the mind of general public regarding the origin of the infringing goods/services; (c) the unlawful act interfered with the trade mark holder's rights of exclusive use of the trade mark and caused the rights holder consequent economic loss. Section 135 of the TM Act, 1999 expressly stipulates that 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. According to Section 28(1) of the Act, the registration of a trade mark ensures exclusive right to the registered proprietor to use of the registered trade mark and the right to obtain relief in respect of infringement of the trade mark. Only a registered proprietor or registered user can institute a suit for infringement against an identical or deceptively similar mark to his registered trade mark according to Section 27(1). A Registered trade mark owner does not have an exclusive right to operate the identical/ nearly similar mark against another registered trade mark owner. In the landmark judgement Clinique Laboratories LLC and Anr vs. Gufic Limited and Anr , the court held that a suit for infringement by a registered trade mark owner/proprietor is certainly maintainable against another registered trade mark owner/proprietor. It was further held that Section 124(5) of the Act also allows the grant of an interim injunction in such suits for infringement.