Introduction:

Whether you’re launching a startup or managing a growing MSME, your brand is among your most valuable assets. But what happens when someone copies your name, logo, online identity or even your product design? This is a common risk in the present world that far too many businesses overlook.

In today’s competitive Indian market, a brand is more than just a name or logo, it’s the reputation, trust and recognition that customers rely on. Therefore, brand identity has become a strategic priority for most businesses in India. India is witnessing great trademark activity with ranking fourth globally in 2023 for trademark filings, with a 6.1% year-on-year growth and nearly 90% of these applications were filed by Indian businesses.[1] This is a clear sign that businesses are investing heavily in their brand identities.

But while brand-building is on the rise, legal protection often lags behind. In the digital age, where reputations are built or shattered overnight, businesses face growing threats from counterfeit products and imitation packaging to domain name squatters and lookalike brands online. According to industry estimates, nearly 25–30% of products sold in India are counterfeit, with sectors like FMCG, pharma, and electronics among the worst hit.[2] Startups and mid-sized businesses are often hit the hardest, especially if they have delayed registering their IP or failed to act when misuse occurs. Without timely IP protection, even the most recognizable brand is as risk of dilution, reputational harm and market confusion.

Brand protection is no longer just a legal formality, it is a strategic imperative that should be dealt with seriously and promptly.

Common Mistakes Businesses Make

In today’s global, digital world, one infringement can spiral into lasting damage.

  • Launching without trademark clearance or registration.
  • Ignoring IP ownership in vendor or agency contracts.
  • Not monitoring online marketplaces or social media for misuse.
  • Delaying action when infringement occurs.
  • Prevention is always cheaper than legal recovery.

India’s Toolkit for Brand Protection

India offers a strong legal foundation for brand protection, grounded in the following intellectual property rights:

  • Trademarks: Trademarks are the very foundation of brand protection. The Trademarks Act, 1999 provides exclusive rights over names, logos, slogans, and more. Registration grants strong enforcement tools. Even unregistered marks enjoy limited passing off rights, but registration significantly strengthens your position.
  • Copyright: Copyright protects artistic elements of branding such as logos, packaging, jingles, and marketing content under the Copyright Act, 1957. While it doesn’t protect brand identity as such, it serves as a valuable layer against imitation.
  • Designs: The Designs Act, 2000 protects the visual features of products and packaging, such as shape and ornamentation. Design registration is useful for consumer-facing industries where packaging is key to brand identity.
  • Patents: While not traditionally seen as a branding tool, patents can strengthen a brand’s exclusivity by securing the innovation behind it. In industries like pharma or tech, patents often work in tandem with trademarks to enhance a brand’s value and market positioning.

What Are Well-Known Trademarks and How can they strengthen your Brand?

A well-known trademark under Indian law (Section 2(1)(zg), Trade Marks Act, 1999) is a mark so widely recognized that it enjoys broad public recognition such as its use on unrelated goods, would still imply an association with the owner. Once granted this status, the mark enjoyed enhanced protection across all product categories, even if not registered in those classes.

Once a mark is declared well-known, the Trademark Registry and courts will reject or invalidate similar marks across all classes, even if there's no direct competition. This means, for example, that a famous dairy brand like “Amul” can stop use of “Amul” on unrelated products like kitchenware or candles, because consumers would assume a connection due to the unique character of the name. Indian courts have explicitly embraced this principle. In a recent case, the Delhi High Court noted that once a mark is well-known, its protection “transcends all classes,” as the mark has “huge, undiluted, enduring significance” as an indicator of source.[3] Thus, a well-recognized status protects against trademark dilution, which is the gradual erosion of a brand’s uniqueness and reputation through unauthorized applications on different products. Additionally, it implies that an infringer cannot conceal themselves within a separate industry; the influence of a renowned brand reaches widely.

For instance, “Whirlpool” (which wasn’t used in India at one time) was recognized as having transborder reputation including in India. Additionally, ,arks like “TATA” or “Amul” have been declared well-known through a series of decisions. To secure well-known status, the brand owner must provide evidence of recognition, such as sales volumes, advertising, public perception, prior court rulings, and media coverage.

Achieving well-known status is a coveted milestone for a brand. It essentially immunizes the brand against dilution and misuse in unrelated sectors. No one can register or use even a remotely similar name across classes without facing injunctions. It also streamlines enforcement courts may grant stronger injunctions and even punitive damages, recognizing that misuse of a famous mark is particularly egregious. For example, the Delhi High Court’s recent judgment in Haldiram India Pvt. Ltd. v. Berachah Sales Corp.[4] not only permanently restrained the infringer but also formally declared “HALDIRAM” to be a well-known trademark in India’s food industry and awarded a substantial ₹50 lakh in damages to vindicate the brand’s rights.

Several cases demonstrate how the law operates in practice:

  • PhonePe v. BharatPe[5]: PhonePe sought to restrain BharatPe from using the suffix “Pe.” However, the Delhi High Court declined relief, holding that “Pe” was descriptive and commonly used. The court applied the anti-dissection rule, stating that one cannot claim monopoly over a generic fragment of a composite mark unless it has acquired distinctiveness on its own. This case is a cautionary tale: unless a term is inherently distinctive or has developed secondary meaning, broad protection will be difficult to enforce.
  • Coca-Cola v. Bisleri:[6] After Bisleri assigned the rights of “Maaza” brand in India to Coca- Cola, it continued to use and export products under the name, prompting Coca-Cola to seek injunctive relief. The Delhi High Court held that trademark use for export still constituted infringement within India. This case highlighted the territorial nature of assignments and the importance of clear contractual boundaries in brand transfers.
  • Lifestyle Equities v. Amazon: In a landmark ruling, the Delhi High Court held Amazon liable for trademark infringement as they allowed the sale of lookalike “Beverly Hills Polo Club” on its platform. The court awarded ₹323 crore in damages, emphasizing that trademark infringement liability extends to e-commerce platform owners if they directly authorize and control infringing activities.

Together, these cases illustrate that brand protection is not just about registration it’s about strategic enforcement, distinctiveness, and knowing how to use the law when your brand’s reputation is on the line.

Enforcement Strategies Under Indian Law: Tools to Guard Your Brand

Legal provisions in India equip brand owners with multiple enforcement mechanisms to combat infringement or misuse of their trademarks. Broadly, these fall into civil remedies, criminal actions, customs measures, and intermediary takedown processes.

India offers a comprehensive legal framework to enforce trademark rights through civil, criminal, border, and digital enforcement mechanisms. Each tool can be deployed based on the nature and urgency of the infringement.

  • Civil Remedies

Trademark owners can file infringement suits (for registered marks) or passing off actions (for unregistered marks) in civil courts. Relief includes injunctions, damages, and destruction of infringing goods. Courts often grant interim injunctions swiftly in strong cases. Indian courts are increasingly awarding high damages in blatant cases, as seen in the Lifestyle v. Amazon decision.

  • Criminal Remedies

Trademark counterfeiting is a criminal offence under Sections 103–105 of the Trade Marks Act. Police raids, seizures, and prosecution serve as strong deterrents, especially against counterfeit hubs. Filing both civil and criminal complaints can be an effective dual strategy to halt infringement and punish offenders.

  • Customs Enforcement

India’s Customs Act and IPR Rules, 2007 allow trademark owners to block imports of counterfeit goods by recording their marks with the Customs IPR Cell. Once recorded, Customs can seize, detain, and destroy infringing shipments at ports. This low-cost, proactive step is essential for brands vulnerable to foreign counterfeiters, particularly in fashion, electronics, and FMCG.

  • Digital Enforcement & Intermediary Liability

Under the IT Act and 2021 Intermediary Guidelines, platforms must act against infringing content once notified. Brand owners can issue takedown notices or seek court-ordered delisting. Courts have also held platforms directly liable when involved in infringing sales, setting a stricter precedent for digital IP enforcement. Domain disputes can be resolved through UDRP (global) or INDRP (.in domains).

By combining these legal avenues, businesses can mount a multi-layered defense from courtrooms and customs to cyberspace ensuring their brand stays protected across all touchpoints.

International Brand Protection Mechanisms for Indian Businesses

Indian companies increasingly operate across borders, making international brand protection essential. Fortunately, India’s participation in key global treaties offers cost-effective ways to extend trademark rights overseas.

    • Paris Convention

Grants Indian businesses a six-month priority window to file trademark applications in other member countries based on their Indian filing. It also ensures protection for well-known marks globally, helping prevent bad-faith registrations abroad.

    • TRIPS Agreement (WTO)

Establishes minimum IP standards across all WTO member countries, including enforcement measures, cross-border protection, and recognition of well-known marks across dissimilar goods.

    • Madrid Protocol (WIPO)

Allows Indian trademark owners to file one international application (via the Indian IP Office) to seek protection in 130+ countries. It simplifies and reduces the cost of international filings.

    • Other Mechanisms

Tools like UDRP (for .com domains) and INDRP (for .in) help recover cybersquatted domains. Additionally, WIPO’s Global Brand Database is useful for clearance searches.

A Roadmap for Indian Businesses to Protect Their Brand

Effective brand protection goes beyond registration. It requires a strategic, layered approach that addresses not just ownership, but also enforcement, monitoring and long-term value preservation. Whether you’re launching a new brand or scaling an established one, the steps below form the foundation of a resilient IP strategy grounded in Indian law, and applicable globally.

    1. Choose a Distinctive Brand Name and Logo

The first legal safeguard starts with selection. Try opting for coined, arbitrary, or inherently distinctive names not generic or descriptive terms. This increases the chances of registration and legal enforceability. Additionally, test the name for cultural appropriateness and future scalability across jurisdictions. In early 2024, the EUIPO rejected the application for registration on the ground that the mark was contrary to public policy and to accepted principles of morality.[7]

    1. Conduct a Comprehensive Trademark Search

Before adopting a brand, clear it through public records and databases (including phonetic and visual variations). This avoids infringing on existing rights and ensures your mark isn’t rejected at the application stage. Professional searches can flag conflicts early and help craft a stronger filing strategy.

a. Register Your Trademark in India

File with the Trademark Registry of India[8] as early as possible. Register in all relevant classes, including future categories if possible. Secure variants like wordmarks, logos, and taglines where each plays a commercial role.

b. Secure Surrounding IP and Digital Real Estate

Alongside your trademark, secure domain names (.com, .in), social media handles, and distinctive packaging or design elements. For logos and label artwork, consider copyright registration. For product shapes or configurations, explore design registrations. These parallel rights offer additional remedies in infringement scenarios.

c. Monitor the Trademark Registry and the Market

Monitor weekly journals for new applications, especially those in similar classes. Watch e-commerce sites, app stores, and social media for unauthorised usage. Early detection often allows cost-effective interventions through takedown notices or oppositions. Several law firms now provide for Trademark watch services to their clients.

d. Act Promptly to Enforce Your Rights

Start with cease-and-desist notices. If they still fail to adhere to it, then file a civil suit for injunction and damages. In cases of counterfeiting or willful misappropriation, criminal remedies under the Trade Marks Act may apply.

e. Use Customs to Block Counterfeit Imports

Record your registered mark with Indian Customs. This enables officials to flag and detain shipments bearing your trademark if they appear unauthorized. It is a low-cost but high-impact preventive tool especially important for export-oriented businesses or those in counterfeited product categories like fashion and electronics.

f. Engage with E-Commerce and Social Platforms

Platforms like Amazon, Flipkart, Instagram, and YouTube offer brand protection tools including trademark registries and notice-based takedown procedures. While not a substitute for formal legal action, these tools are effective first lines of defense in curbing online misuse.

h. Plan Ahead for International Expansion

Use the Madrid Protocol to file in multiple countries through a single application. Prioritize markets where you operate or manufacture, and those with high risk of IP squatting. Keep in mind that many countries cancel trademarks for non-use filing must be followed by genuine commercial use within deadlines.

i. Preserve Distinctiveness and Prevent Dilution

As your brand grows, ensure it doesn’t become generic. Use it consistently and correctly (as an adjective, not a noun), especially in advertising. If franchising or licensing, include quality control clauses to maintain brand integrity. Courts give greater weight to marks with established consumer association.

Conclusion: Legal and Strategic Imperatives for Protecting Your Brand

While Indian law doesn’t mandate trademark protection for every business, the risks of delay or inaction are far too great. In today’s competitive and reputation-driven market, safeguarding your brand must be treated not as a compliance checkbox, but as a board-level priority.

The legal tools exist from registration to cross-border enforcement, but their value lies in timely, strategic use. Businesses that plan their brand protection early, align it with growth goals, and act swiftly against misuse are far better positioned to preserve market trust, investor confidence, and long-term value.

Whether you're a startup building visibility, or an established player expanding abroad, brand protection is not a luxury. It’s a strategic investment in the exclusivity and credibility of your business. As this article has shown, a well-protected brand doesn’t just reduce legal risk it amplifies commercial opportunity. For forward-looking companies, integrating brand protection into core business strategy is not just smart, it's essential.

[1] https://economictimes.indiatimes.com/news/india/india-secures-spot-in-global-top-10-for-all-3-major-intellectual-property-rights/articleshow/115221304.cms?

[2] https://www.livemint.com/industry/retail/almost-25-30-products-sold-in-india-spurious-with-counterfeiting-report-11674655725574.html

[3] Kaira District Cooperative Milk Producers Union Ltd. & Anr. v. D N Bahri Trading as the Veldon Chemical and Food Product & Anr. (Neutral Citation: 2024:DHC:2868)

[4] MANU/DE/2398/2024

[5] PhonePe (P) Ltd. v. Ezy Services. ( IA No. 8084 of 2019 in CS (COMM) No. 292 of 2019)

[6] (2009) 164 DLT 59

[7] https://www.politico.eu/article/pablo-escobar-cannot-be-registered-as-eutrade-mark-general-euipo-court-rules/

[8] https://ipindia.gov.in/trade-marks.htm

Disclaimer: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Authors:

Mohit Porwal, Associate Partner

Krupa Vyas, Associate