By Vikrant Rana and Huda Jafri
Introduction
The global business environment is undergoing a transformation in which intangible assets increasingly drive enterprise value, market leadership and competitive advantage. Among these, trademarks have emerged as pivotal instruments, not merely as legal shields protecting brand identifiers, but also as strategic growth assets that influence business expansion, valuation, consumer loyalty, and digital presence.
India’s rapid rise as the world’s third-largest trademark filing jurisdiction[1] underscores this shift. Businesses operating in India and globally are now compelled to treat trademarks as core components of their commercial strategy. A modern trademark portfolio protects far more than a name or logo; it safeguards goodwill, facilitates monetisation, enhances market entry, strengthens investor confidence and fortifies brand identity in both physical and digital environments.
This article examines how trademarks have evolved into strategic business assets and offers a comprehensive legal-commercial framework for brand owners seeking to use trademark portfolios not just as protective instruments, but as drivers of sustainable growth.
Trademarks as Strategic Assets: A Modern Reassessment
Moving Beyond Protective Registration: The Asset-Based View
The conventional perception of trademarks as legal rights confined to registration, opposition and renewal processes has undergone a paradigmatic shift. Today, the value of a trademark lies not only in its enforceability but in its capacity to create and sustain commercial advantage.
A trademark acts as a market signal, communicating brand promises, quality, trust and reputation. These associations directly influence consumer behaviour, enable premium pricing, and facilitate entry into new segments and jurisdictions. In industries such as FMCG, pharmaceuticals, technology, luxury and digital services, the brand itself is often a driving factor for growth, sometimes more than the product.
Furthermore, trademarks form a significant component of enterprise valuation during mergers, acquisitions, and private equity investments. A robust trademark portfolio, comprising relevant classes, geographic protection and enforceable rights, enhances bargaining power and improves the brand owner’s strategic position during negotiations. Investors now routinely scrutinise trademark portfolios as part of due diligence, treating them as intangible assets capable of generating measurable economic returns.
Thus, trademarks must be managed not as passive legal registrations, but as dynamic assets aligned with business strategy, brand architecture and growth ambitions.
Global and Indian Filing Trends: The Market Signals Behind the Numbers
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Global Filing Patterns Reveal Strategic Behaviour
Data from WIPO’s World Intellectual Property Indicators 2025 shows a marked increase in trademark filings across major jurisdictions[2]. Notably, 15 of the top 20 IP offices experienced filing growth in 2024, with China, the United States, India, Russia and Brazil together contributing to over 61% of global applications[3].
Asia remains the centre of gravity for trademark activity, accounting for 65.6% of global filings in 2024[4]. This geographic concentration reflects the ongoing shift of brand creation, consumer demand and digital commerce toward Asian markets.
From a strategic perspective, global filing trends function as predictive indicators of business expansion. When companies intensify filings in certain classes or jurisdictions, it often precedes product launches, sector diversification or geographic expansion. Monitoring such filings is therefore invaluable for competitive intelligence and proactive brand strategy.
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India’s Trademark Ecosystem: A Rapidly Expanding Frontier
India’s IP ecosystem has witnessed substantial growth:
- Total IP filings rose from 477,533 in 2020–21 to 689,991 in 2024–25, a 44% increase.[5]
- Trademark filings alone grew by nearly 28% during this period, rising from 418,594 to 538,665[6].
- India ranked third globally for trademark filings in 2024, with nearly 5.4 lakh applications[7].
Several factors fuel this rise: the proliferation of start-ups, increased consumer-brand engagement, digital-first business models, strong policy support, and increasing investments by multinational corporations.
This surge underscores the heightened importance of building strong, distinctive and enforceable trademark portfolios early in a brand’s lifecycle. With growing congestion in registers, clearance searches, defensive filings and proactive monitoring have become essential components of brand protection in India.
Trademark Strategy as Business Strategy: Legal and Commercial Integration
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Building Trademark Portfolios Aligned with Business Expansion
A modern trademark portfolio must mirror a company’s growth trajectory rather than merely follow it. This requires a forward-looking approach that anticipates future products, digital offerings and market entry.
Businesses should classify jurisdictions as:
- Primary markets (operational presence or immediate expansion),
- Secondary markets (planned expansion in 2–5 years), and
- Defensive markets (regions prone to counterfeiting, manufacturing hubs or future strategic value).
Similarly, class coverage should go beyond present offerings. For example, digital transformation demands protection for downloadable software, virtual goods, AI-driven services, and digital marketplaces. Additionally, brand identity protection must extend to logos, shapes, colours, packaging, typography and stylised elements[8], especially since online commerce increases the risk of visual brand imitation.
Trademark use and documentation must also be proactively planned to avoid non-use cancellation actions. Maintaining evidence of use, advertisements, sales invoices, analytics, e-commerce listings, ensures enforceability and portfolio strength.
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Enforcement Architecture: Strengthening Brand Authenticity and Market Position
Enforcement today goes far beyond occasional cease-and-desist notices. It is an integrated risk-management framework essential for maintaining brand authenticity, legal exclusivity and consumer trust.
Digital infringement has created new vectors of misuse. Online marketplaces, social media platforms, and third-party sellers enable counterfeits, look-alike products and deceptive impersonation at scale. Courts in India and globally have increasingly recognised forms of brand dilution occurring entirely in digital spaces, where even unrelated goods can harm brand distinctiveness[9].
Effective enforcement therefore includes:
- Trademark watch services to detect conflicting filings.
- Marketplace and social media takedowns, targeting counterfeit listings and impersonator accounts.
- Domain name protection using UDRP/INDRP actions against fraudulent websites.
- Dynamic injunctions to target clusters of rogue websites engaged in widespread infringement[10].
- Customs recordation to block counterfeit imports before they enter the market.
Enforcement, when executed strategically, does more than protect the brand, it serves as a market signal about the brand’s strength, seriousness, and resilience.
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Monetisation: Unleashing the Economic Power of Trademarks
One of the defining features of a strategic trademark asset is its ability to generate revenue. Trademarks enable monetisation across multiple models:
Licensing and Franchising
Strong marks allow licensors to command premium royalties. In franchising models, particularly prevalent in food, retail, hospitality and education, the trademark is the central commercial asset around which the franchise model is built[11].
Co-branding and Partnerships
Collaborations depend heavily on the strength and goodwill associated with each trademark. Well-managed brands unlock opportunities for cross-category partnerships and merchandising.
India is now the second-largest franchise market globally, valued at USD 800 billion, and projected to grow at 30–35% annually, reaching USD 140–150 billion over the next five years (FranCast).[12]
Prominent franchise-driven, trademark-led businesses include Domino’s, KFC, McDonald’s, Zara, and H&M, all of which derive significant recurring revenue from the strength and recognisability of their marks.[13]
Candy Crush x Dream Theatre (2014) – Exclusive licensing deal enabling Candy Crush branded merchandise in India.
Myntra x ELLE (2020) – Licensing partnership allowing Myntra to launch and promote ELLE’s first jewellery line in India.
These examples show how trademarks extend revenue streams through cross-market engagement.[14]
Expansion Through Brand Architecture
Trademarks enable structured brand architecture, master brands, sub-brands, and endorsed brands, allowing companies to diversify offerings while retaining consumer trust.
Securitisation and Collateralisation
As intangible asset financing becomes mainstream, trademarks are increasingly accepted as collateral. Clean chain-of-title updated registrations and documented enforcement history enhance their bankability[15].
Valuation and M&A
During acquisitions, robust trademark portfolios increase valuation and reduce transaction friction. Gaps, such as missing assignments, inconsistent filings, non-use risks, can significantly reduce deal value.
A trademark portfolio designed with monetisation in mind therefore contributes directly to long-term financial growth.
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Digital and Technological Evolution: Expanding the Scope of Trademark Protection
The digital revolution has radically expanded the spaces in which trademarks operate. Brands today exist across apps, streaming platforms, digital advertisements, AR/VR environments and metaverse platforms.
Emerging brand identifiers, such as sound marks, motion marks, holograms, and distinctive typography, play an increasingly important role in building brand identity⁵. Their protection requires modern filing strategies aligned with evolving classifications.
Additionally, virtual goods and NFTs have created entirely new categories of brand use. Many global brands now file applications covering digital goods in Class 9, entertainment experiences in Class 41, and blockchain-related services in Class 42.
AI tools pose a new enforcement challenge, enabling realistic counterfeit imagery, deepfake endorsements and automated domain infringement. Sophisticated monitoring and rapid enforcement will therefore be integral to brand protection in the coming years.
Challenges Hindering Trademark Asset Growth
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Congestion in Trademark Registers
Increasing filings in India and other major jurisdictions have resulted in congested registers, making it increasingly challenging to secure distinctive marks. Comprehensive clearance searches and early filings are essential to mitigate opposition risks.
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Non-Use and Vulnerability of Dormant Marks
If a mark is not used or evidence is poorly maintained, it becomes vulnerable to cancellation. Non-use challenges have risen sharply as businesses expand and portfolios grow. Systematic evidence collection is a modern necessity, not a compliance afterthought.
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The Rise of Digital Counterfeiting
Digital commerce has accelerated the spread of counterfeit goods. Rogue sellers on online marketplaces and social platforms often operate anonymously, making enforcement complex. Traditional legal frameworks are evolving to address these challenges[16], but proactive vigilance is essential.
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Jurisdictional Variations and Compliance Complexities
Countries differ significantly in their treatment of bad-faith filings, descriptiveness standards, use requirements and distinctiveness thresholds. Businesses must therefore adopt a jurisdiction-specific rather than uniform global approach.
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Documentation and Chain-of-Title Gaps
Assignments, mergers, restructurings and internal reorganisations often create inconsistencies in trademark ownership records. Such gaps can undermine enforcement, licensing, and valuation. Periodic portfolio audits are essential.
A Comprehensive Framework for Managing Trademark Portfolios as Growth Assets
Step 1: Strategic Alignment with Business Objectives
Effective trademark management begins with a detailed understanding of business strategy. Legal teams must map product pipelines, future expansions, and brand positioning to structure a portfolio that anticipates growth.
Step 2: Structuring a Future-Proof Portfolio
Brand owners must:
- Secure protection in priority jurisdictions
- Cover relevant classes, including digital and emerging categories
- Protect stylised elements and trade dress[17]
- Anticipate new technologies
Portfolio design should be forward-looking and integrated with marketing, product and digital teams.
Step 3: Creating an Integrated Enforcement and Brand Protection System
This includes:
- Automated monitoring
- Marketplace and platform enforcement
- Litigation strategy
- Border protection
- Domain portfolio management
Such systems preserve exclusivity and protect brand equity.
Step 4: Monetisation and Value Extraction
A well-managed trademark portfolio enhances:
- Licensing/franchising opportunities[18]
- Brand extensions
- Co-branding agreements
- Investment readiness
- Securitisation potential[19]
Trademark assets should be audited regularly for monetisation readiness.
Step 5: Continuous Review and Regulatory Adaptation
Trademark strategies must evolve as market conditions, classifications and technologies change. Periodic audits ensure that the portfolio remains aligned with business objectives and compliant across jurisdictions.
Conclusion
Trademarks today sit at the intersection of law, commerce, technology and consumer psychology. They protect not only logos or names but embody a business’s identity, reputation, and long-term commercial value. As markets globalise and brand experiences shift into digital and virtual spaces, trademarks must be treated as strategic, monetisable and technology-adaptive assets.
For businesses in India and globally, building and managing a trademark portfolio with foresight, sophistication and strategic intent is essential to unlocking brand power, maintaining competitive advantage and achieving sustainable commercial growth.
[1] Times of India – “At nearly 5.4 lakh, India ranks third in trademark filings” (2025) https://timesofindia.indiatimes.com/business/india-business/at-nearly-5-4-lakh-india-ranks-third-in-trademark-filings/articleshow/121220012.cms
[2] SS Rana & Co. – “Safeguarding Stylized Trade Mark and Iconic Brand Typography” (2025)
https://ssrana.in/articles/safeguarding-stylized-trade-mark-and-iconic-brand-typography/
[3] SS Rana & Co. – “Safeguarding Stylized Trade Mark and Iconic Brand Typography” (2025) https://ssrana.in/articles/safeguarding-stylized-trade-mark-and-iconic-brand-typography/
[4] SS Rana & Co. – “Safeguarding Stylized Trade Mark and Iconic Brand Typography” (2025)
https://ssrana.in/articles/safeguarding-stylized-trade-mark-and-iconic-brand-typography/
[5] Government of India – Press Release, “India Witnesses 44% Surge in IP Filings Over Five Years” (2025)
https://www.pib.gov.in/PressReleasePage.aspx?PRID=2146928
[6] Government of India – Press Release, “India Witnesses 44% Surge in IP Filings Over Five Years” (2025)
https://www.pib.gov.in/PressReleasePage.aspx?PRID=2146928
[7] Times of India – “At nearly 5.4 lakh, India ranks third in trademark filings” (2025)
[8] SS Rana & Co. – “Safeguarding Stylized Trade Mark and Iconic Brand Typography” (2025)
https://ssrana.in/articles/safeguarding-stylized-trade-mark-and-iconic-brand-typography/
[9] SS Rana & Co. – “Protecting Brands from Trade Mark Dilution in the Digital Era” (2025)
https://ssrana.in/articles/protecting-brands-from-trade-mark-dilution-in-the-digital-era/
[10] SS Rana & Co. – “Protecting Brands from Trade Mark Dilution in the Digital Era” (2025)
https://ssrana.in/articles/protecting-brands-from-trade-mark-dilution-in-the-digital-era/\
[11] World Trademark Review – “Strategic considerations for licensing and franchising brands in the Indian market” (2025) https://www.worldtrademarkreview.com/guide/india-managing-the-ip-lifecycle/2025/article/strategic-considerations-licensing-and-franchising-brands-in-the-indian-market
[12]
[13]
[15] SS Rana & Co. – “Protecting and Monetizing Innovation” (2024) https://ssrana.in/articles/protecting-and-monetizing-innovation/
[16] SS Rana & Co. – “Protecting Brands from Trade Mark Dilution in the Digital Era” (2025)
https://ssrana.in/articles/protecting-brands-from-trade-mark-dilution-in-the-digital-era/
[17] SS Rana & Co. – “Safeguarding Stylized Trade Mark and Iconic Brand Typography” (2025)
https://ssrana.in/articles/safeguarding-stylized-trade-mark-and-iconic-brand-typography/
[18] World Trademark Review – “Strategic considerations for licensing and franchising brands in the Indian market” (2025) https://www.worldtrademarkreview.com/guide/india-managing-the-ip-lifecycle/2025/article/strategic-considerations-licensing-and-franchising-brands-in-the-indian-market
[19] SS Rana & Co. – “Protecting and Monetizing Innovation” (2024) https://ssrana.in/articles/protecting-and-monetizing-innovation/