By Dhruv Mathur and Shivam Malvi
In India, the packaging of products is a critical aspect of brand identity and consumer engagement. Understanding the legal frameworks for design and trademark protection is essential for businesses aiming to secure their unique packaging and maintain a competitive edge. This article delves into the nuances of Indian design and trademark laws, highlighting their significance from a business perspective.
The Role of Packaging in Brand Identity
Packaging is more than just a protective layer; it is a powerful marketing tool that communicates a brand’s values and quality. Effective packaging can influence consumer choices and foster brand loyalty. For instance, the distinctive packaging of brands like Amul, Cadbury chocolates or Parle-G is instantly recognizable and plays a vital role in their market presence.
Legal Framework: Design and Trademark Protection in India
Design Protection
Under the Designs Act, 2000, businesses can protect the aesthetic aspects of their packaging through design registration. A design must be new and original to qualify for protection, which lasts for ten years, extendable for an additional five years. This registration prevents others from using a similar design, thus safeguarding the brand’s visual identity.
A design can protect the shape, configuration, color combination, pattern and ornamentation of a product design. The key mandate here is that the design should be novel, and should not have been published prior to the filing of the design application.
To secure design protection, businesses should conduct thorough searches to ensure their designs do not infringe on existing registrations. Registering with the Indian Patent Office provides statutory protection and recourse in case of infringement.
Some of the examples of novel packaging are as follows:
| S. No. | Design no. | Filing Date | Applicant Name | Title of the design | Class | Image |
| 1. | 447814-001 | February 12, 2025 | Dr. Anil Bhat, et. Al | HEXAGONAL CANDIES PACKAGING BOX | 09-03 (BOXES, CASES, CONTAINERS, TIN CANS) |  |
| 2. | 446659-001 | February 04, 2025 | Avadesh Bhandari | Package | 09-05 (BAGS, SACHETS, TUBES AND CAPSULES) |  |
| 3. | 393924-001 | August 29, 2023 | National Institute of Design, Madhya Pradesh, et. al | Packaging of Toy Car | 09-03-BOXES, CASES, CONTAINERS, TIN CANS |  |
| 4. | 384816-001 | April 26, 2023 | CHHAWI MATHUR, et al | MEDICINE PACKAGE | 09-03-BOXES, CASES, CONTAINERS, TIN CANS |  |
| 5. | 382164-001 | March 23, 2023 | Indian Institute of Packaging | Foldable packaging box | 09-03-BOXES, CASES, CONTAINERS, TIN CANS |  |
Trademark Protection
Trademarks in India are governed by the Trade Marks Act, 1999. Packaging can be protected as a trade mark if it serves as a source identifier for the product, which means that the product packaging has acquired distinctiveness and the public can relate the design to the proprietor of the product. This includes unique shapes of labels and packages, colors, and even sounds associated with the brand. For example, the shape of a bottle or the color scheme of packaging can be pro0tected as a trade mark if they are distinctive.
To obtain trademark protection, businesses must demonstrate that their packaging has acquired distinctiveness through use in the market. Once registered, trademarks can last indefinitely, provided they are renewed and actively used.
Few examples of successful trademark registrations of packaging are:
| S. No. | Registration no. | Reproduction of the mark | Applicant name | Class | Image |
| 1. | 4343988 | SHREE RUPA CLASSIC | PARASA RAM PRAJAPATI TRADING AS : SRI RAMDEV HERBALS | Class 3 |  |
| 2. | 1354604 | Cadbury (DEV. OF CADBURY) | CADBURY UK LIMITED | Class 30 and 29 |  |
| 3. | 942501 | BRITANNIA | BRITANNIA INDUSTRIES LIMITED | Class 29 |  |
| 4. | 143652 | COCA-COLA | THE COCA-COLA COMPANY. | Class 32 |  |
The Business Case for Protecting Packaging Design
- Market Differentiation: Unique packaging helps products stand out in a competitive market. Legal protection ensures that competitors cannot easily replicate your design.
- Consumer Recognition: Consistent and recognizable packaging builds consumer trust and encourages repeat purchases, essential for brand loyalty.
- Enhanced Valuation: A strong portfolio of intellectual property, including design and trademark rights, can significantly increase a company’s market value, attracting investors.
- Legal Protection: Properly protecting packaging design provides a legal framework to address potential infringements, safeguarding the brand’s integrity.
Best Practices for Businesses
- Conduct Regular IP Audits: Regularly assess your packaging designs and trademarks to ensure they are adequately protected and compliant with existing laws.
- Invest in Innovative Design: Allocate resources to create unique packaging that resonates with your target audience and reflects your brand identity.
- Register Designs and Trademarks: Take proactive steps to register your packaging designs and trademarks with the CGPDTM to secure your rights.
- Monitor Competitors: Stay vigilant about market trends and competitor activities to identify potential infringements early.
- Educate Your Team: Ensure that your marketing and design teams understand the importance of IP protection and the legal implications of their work.
Conclusion
In the dynamic Indian marketplace, effective packaging design is crucial for brand success. By leveraging design and trademark laws, businesses can protect their unique packaging, enhance brand recognition, and drive profitability. Investing in legal protections for packaging design is not just a necessity; it is a strategic imperative for sustainable growth.