Trademarks

Trademarks in India

Trademarks and brand identities play a pivotal role in today’s competitive marketplace, serving as a key source of origin and goodwill for businesses. With growing intellectual property awareness, entities, ranging from start-ups to multinational corporations, are proactively safeguarding their trademarks in India and across global markets.

India’s trademark landscape has evolved into a robust and dynamic system, encouraging rights holders to take strategic measures to protect their brand names, logos, trade dress, and other distinctive identifiers from misuse, imitation, and dilution.

At S.S. Rana & Co., our trademark lawyers provide end-to-end trademark advisory, prosecution, enforcement, and commercialization services to a diverse clientele including Fortune 500 companies, small and medium enterprises, start-ups, and public sector entities, both at domestic and international levels.

Our Trademark Services

To help clients navigate this complex landscape, we offer a full spectrum of trademark services that are seamlessly integrated into every stage of a brand’s lifecycle. These include Trademark search (TM searching), Clearance of trademarks, Trademark use and registrability opinion, Trademark filing and Trademark registration, Trademark renewals and maintenance, and Trademark portfolio management. Our approach ensures that brands are not only legally protected but also strategically positioned for growth, enforcement, and commercialization.

From brand development and strategy, through protection and enforcement, to commercial exploitation, our team provides practical solutions tailored to each client’s needs. We assist in devising trademark filing strategies, securing rights, monitoring the marketplace for potential trademark infringements, counterfeiting and leveraging trademark assets for licensing, franchising, and other monetization opportunities.

Trademark Law in India – Legal Framework

A trademark in India is defined under Section 2(1)(zb) of the Trade Marks Act, 1999 as a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others. The scope of protection in India extends to words, labels, devices, shapes, sounds, colours, textures, and other non-traditional trademarks.

India follows a “first-to-use” principle, where priority of use prevails over priority of registration. However, trademarks can also be registered on an “intent-to-use” basis without prior commercial use.

Trademark law in India is well-settled and offers a strong statutory and enforcement framework for rights holders.

Origin And Evolution of Trademark Law in India

Prior to 1940, India did not have a codified trademark statute. Trademark protection was largely governed by common law principles of equity and passing off. Recognizing the need for statutory protection, the Trade Marks Act, 1940 was enacted, marking the first formal legislative attempt to regulate trademarks in India, largely aligned with English law principles.

With the expansion of trade and commerce, the law was further strengthened through the Trade and Merchandise Marks Act, 1958 and the accompanying Rules of 1959, which consolidated trademark-related provisions across various statutes including the Indian Penal Code, the Criminal Procedure Code, and customs laws.

To align Indian trademark law with international obligations under the TRIPS Agreement and to address the demands of globalization, the Trade Marks Act, 1999 was enacted and brought into force in 2003. This legislation introduced service marks, collective marks, enhanced protection for well-known trademarks, and established the Intellectual Property Appellate Board (IPAB) for appellate and rectification proceedings.

Subsequently, the Trade Marks (Amendment) Act, 2010 incorporated provisions relating to international registration of trademarks under the Madrid Protocol, thereby integrating national and international trademark protection within a single legal framework.

Functions and Significance of a Trademark

A trademark serves multiple critical functions, including:

• Granting exclusive rights to the owner to use the mark in relation to goods or services
• Preventing unauthorized and fraudulent use by third parties
• Enabling legal remedies for trademark infringement
• Protecting unregistered marks through the common law action of passing off
• Preventing unfair competition and consumer confusion
• Safeguarding the skill, intellect, reputation, and goodwill of businesses

Trademark Registration and Administration in India

Trademark law in India is currently governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. These provisions lay down the procedural framework for Tm searching, Clearance of trademarks, Trademark filing and registration, Trademark renewals and maintenance, filing, examination, publication, opposition, registration, renewal, rectification, and removal.

The trademark administration in India is overseen by the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Ministry of Commerce and Industry. There are five Trademark Registry offices located at Chennai and Delhi.

The trademark registration process involves multiple stages, each requiring careful compliance with procedural and documentary requirements to ensure enforceable rights.

International Trademark Protection – Madrid Protocol

In a significant step towards global trademark integration, India acceded to the Madrid Protocol in 2013. The Madrid System enables trademark owners to seek protection in multiple jurisdictions through a single international application.

Pursuant to India’s accession, the Indian Trademark Office has issued rules and guidelines governing international trademark filings, making India a strategic jurisdiction for global brand protection.

Corporate Practice

Our corporate practice complements our intellectual property services by offering comprehensive legal advisory on corporate and commercial matters. We advise clients on day-to-day business legal issues, corporate transactions, commercial contracts, and related documentation, enabling seamless integration of IP strategy with broader business objectives.