How to Legally Register a Brand Name in India

Introduction

There’s a reason why every business, no matter how small at the beginning, gives thought to its brand name before anything else. It’s not just a label, it’s the foundation of identity in the marketplace. In India, where commercial competition is no longer local but increasingly digital and national, failure to formally secure the brand name can lead to serious consequences. Legally, the first step to doing this is to ensure you register a brand name in India through the right process.

Now, this isn’t just about filling out a form and waiting for approval. The trademark registration process in India is procedural and, at times, layered. It is governed by the Trade Marks Act, 1999, and involves specific checks, objections, public examination, and publication before rights are granted. What’s critical to understand is that once a mark is registered, it doesn’t just sit there; it acts as legal ammunition, allowing businesses to act against misuse, counterfeiting, or even attempts to dilute their presence in the market.

But legal protection is only one side of the story. In commercial reality, a registered trademark builds investor confidence, increases valuation, and sets the stage for scalable brand positioning. That’s why the emphasis on knowing the legal steps for brand registration isn’t just for legal departments. Founders, marketing heads, and even content teams need to grasp this flow.

As of 2025, the push towards formalisation means brand name registration under Indian law. It is no longer a “good-to-have” but something that the regulators, investors, and platforms expect. From an IP standpoint, it’s the most affordable and effective way to secure your space and reputation in a noisy business landscape.

Some of the reasons why businesses across sectors have chosen to act early include:

Unregistered names have limited recourse under infringement laws.
Trademark registration can reduce domain and brand squatters.
Formal registration adds value during licensing or franchising.
Startups benefit from government schemes linked to IP ownership; and
And most importantly, it clarifies ownership internally and externally.

So, when we talk about how to protect a brand name in India, we’re talking about a proactive, legally recognised way of holding ground before someone else takes it. This is where the real advantage of being early kicks in.

What Is A Brand Name And Why Must It Be Legally Protected?

A brand name, in the legal and commercial sense, is not just about a fancy logo or a catchy phrase; it is the recognition your business earns in the marketplace. In practice, it’s often the first thing a customer notices, remembers, or associates with your company’s quality, service, and reliability. That’s exactly why, under Indian law, businesses are advised to legally protect this asset through formal steps. And the first real step is to register a brand name in India.

A. Understanding What Qualifies as a Brand Name

In statutory terms, Indian law uses the term “trademark” to refer to what most businesses casually call a brand name. Section 2(zb) of The Trade Marks Act, 1999 defines it broadly enough to include names, words, symbols, logos, colours, even shapes or sounds, a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.

But not every word or phrase qualifies. For a mark to be considered valid for trademark protection, it generally needs to:

Be graphically representable (that is, something visual);
Have distinctiveness, either naturally or through prolonged use;
Not be confusingly similar to other existing marks; and
Most importantly, do not be deceptive, generic, or merely descriptive.

These are threshold criteria. Even before filing, any business seeking to register a brand name in India needs to evaluate these factors carefully. It’s not uncommon for applications to be rejected or contested due to poor choices made at this preliminary stage.

B. Why Legal Protection Is Not Optional Anymore?

Many companies spend years building customer trust around a brand name, only to realise later that they have no legal rights over it. They might assume that usage alone gives protection, but it doesn’t. In the event of misuse or copying, if the brand isn’t formally registered, enforcement becomes difficult, sometimes impossible. Courts tend to require clear documentation of ownership, and in the absence of registration, such ownership can be hard to establish.

On the other hand, when you go through the formal trademark registration process, the law recognises your exclusive right to the brand name, within the applicable class. That right isn’t just theoretical; it allows you to stop others from infringing your brand name by using confusingly similar names. It also acts as a proof of ownership, something that has real commercial value.

Let’s look at some practical benefits of brand name registration under Indian law:

You can issue legal notices or initiate infringement proceedings against infringers.
Your brand name becomes a registrable asset, one that can be sold, licensed, or franchised;
It becomes easier to claim your digital real estate (social media handles, domains, etc.);
Investors and partners treat registered IP as a sign of corporate maturity; and
Startups and MSMEs can also apply for rebates on the cost of trademark registration in India under government-supported schemes.

From a business lens, this legal step supports brand growth, risk management, and long-term monetisation.

C. What Happens If You Don’t Register?

Let’s not assume that the default is safe. Failing to register a brand name in India means running the risk of losing control over it entirely. You may be operating under the name for years, but without registration, another party could apply for it and potentially get ownership, especially if they’re quicker or more aggressive in filings.

Some of the more common risks include:

Being unable to stop others from using your name in other geographies or classes;
Getting blocked by online platforms that require proof of IP ownership (e.g., Amazon, Google);
Losing out in investor due diligence due to weak IP hygiene;
Becoming the target of reverse passing-off or domain theft, and
Facing objections when trying to expand internationally, where trademarks are evaluated jurisdictionally.

These are not theoretical. They happen in litigation every month, and the cost of trademark registration in India, compared to the legal fees required to resolve these issues later, is marginal.

So, when evaluating how to protect a brand name in India, the logic is straightforward: formal registration is not a luxury, it’s a preventive legal tool that smart companies act on early.

Step-by-Step Trademark Registration Process

The idea that brand names are automatically “owned” just because they’re being used is probably one of the most common misconceptions among early-stage founders. In India, unless a name is registered under the Trade Marks Act, 1999, it has no statutory protection. It might exist in the market, but legally, on paper, it isn’t enforceable against infringement. That’s why the process to register a brand name in India shouldn’t be viewed as optional or clerical. It’s strategic, and for some businesses, it can be the only line between IP ownership and brand vulnerability.

So, how exactly does the registration flow unfold?

Let’s break it down.

1. Preliminary Search: Always the First Step

Before filling out forms or choosing a logo, applicants need to check whether the name they plan to use already exists in the same class or a confusingly similar form.

The IP India database (publicly available) allows a keyword and phonetic search across classes. If another business has already filed or registered the same or a similar name for similar goods/services, chances are your mark will get objected to.

This step, although technically non-mandatory, should be treated as critical. Without it, the rest of the trademark registration process may become an expensive dead-end.

What to look for in the search:

Exact spelling matches (e.g., CRAFTZ vs KRAFTZ);
Phonetically close terms (e.g., “Zync” vs. “Zink”);
Common prefixes or suffixes in a crowded sector; and
Similar logos in device mark searches.

If conflicts are found, it’s advisable to alter the name or file with a defensive strategy in place.

2. Filing the Application – Form TM-A

Once the search is clear, the applicant can move to apply. The official form is TM-A, and this is where the real statutory journey begins.

The application will require:

Applicant details (name, address, legal type—individual, LLP, startup, etc.);
Description of goods/services with applicable class;
Type of mark (word mark, logo mark, composite);
Declaration of use (already in use or proposed to be used); and
Appropriate government fee.

Documents needed:

Logo file (JPEG, if it’s a device or composite mark);
MSME or Startup certificate (if applicable); and
Proof of usage (invoices, packaging, website screenshots).

A unique application number is generated after submission, and that number is used for future correspondence and tracking.

It is important to note that the cost of trademark registration in India varies depending on who the applicant is. Individuals, startups, and registered MSMEs pay ₹4,500 per class, while other applicants pay ₹9,000. Additional legal or agent fees are separate and discretionary.

3. Examination and Objections (If Any)

Once filed, the Registry assigns the application to an examiner. There’s no set timeline, but most clean applications are examined within 30 to 90 days.

The examiner checks for:

Legal compliance under Sections 9 and 11;
Graphical clarity of logo (if applicable);
Deceptiveness, descriptiveness, or religious sensitivity; and
Similarity with existing marks in the same class.

Outcomes:

If no objections, the application proceeds to Journal publication.
If objections: Registry issues an Examination Report.

The objections can fall under:

Section 9 – Descriptive, non-distinctive, or general; and
Section 11 – Identical or confusingly similar to existing marks.

4. Replying to Objections and Show-Cause Hearing

If objections are raised, the applicant has 30 days to submit a written response. Many businesses ignore this, thinking it’s procedural, but failure to respond in time results in abandonment.

A good reply should include:

Clarification on the meaning or use of the mark;
Legal grounds why the mark is unique;
Use evidence (especially for older brands); and
Past cases where similar marks were allowed.

If the reply satisfies the Registrar, the mark proceeds to publication. If not, a show-cause hearing may be scheduled. These are now mostly conducted online via video conferencing. Legal representation is permitted, and often advised.

A weak response or missed hearing can lead to outright rejection, forcing the applicant to start over. This is one of the more technical  legal steps for brand registration, and not a stage where DIY usually works well.

5. Publication in the Trademark Journal

Marks that pass the examination stage are published in the weekly Trademark Journal. This is a public notice of the Registry’s intent to register the mark.

Key points:

The mark stays in the Trademark Journal for 4 months.
Any third party can file an opposition within this period; and
If no opposition is filed, the mark moves to registration.

If an opposition is filed:

The applicant must file a counter-statement.
Both parties can submit evidence and attend a hearing; and
The Registry issues a final order after review.

Opposition battles are common in fashion, cosmetics, F&B, and mobile app sectors, and delays of 12–24 months are not unusual.

6. Grant of Registration and Legal Rights

Once the opposition period ends (or the opposition is resolved in favour of the applicant), the Registrar issues a Certificate of Registration.

From this point onward:

The applicant gets exclusive statutory rights under Section 28.
The ® symbol can be used with the brand.
Civil and criminal remedies are available for misuse; and
The registration is valid for 10 years, renewable indefinitely.

This certificate is the legal proof of brand ownership. Without it, claims of infringement are generally harder to sustain. For founders asking how to protect brand name in India, this is the moment where protection begins, and not when the product is launched.

Types of Trademark Applicants in India

Filing a trademark in India isn’t a one-size-fits-all process. The Registry recognises different kinds of applicants, and the structure of the entity applying affects the documentation, fees, and sometimes even how closely an application is scrutinised. Knowing where you fall and filing accordingly is not just procedural. It’s one of the more practical legal steps for brand registration that gets overlooked in the rush to file early.

Whether you’re an individual, a startup founder, or a private limited company, the category you file under will affect the path ahead.

1. Individual Applicants (Natural Persons)

This is the simplest form of application. You’re filing as yourself, not as a business, not through a company. This is common when founders haven’t yet incorporated or when a freelancer wants to protect their brand.

What this typically involves:

Filing Form TM-A in your legal name;
Proof of identity (Aadhaar, PAN);
Optional: Usage evidence if the mark has been used in trade; and
Lower government filing fee (currently ₹4,500 per class).

Things to watch out for:

If you’re using a trade name, make sure to mention “trading as…” or submit a declaration.
GST and invoices should still match the applicant’s name to avoid mismatch issues.

2. Startups and MSMEs (Eligible for Fee Concession)

Startups recognised by DPIIT or small businesses with Udyam registration can apply under the “small entity” category. These applicants get a concession on the government fee, which significantly reduces the overall cost of trademark registration in India.

To qualify as a startup or MSME, the following are required:

Startup India Certificate (from DPIIT) or UDYAM MSME Registration;
PAN card, entity details, and applicant address; and
Supporting documents during filing or if called for by the Registry.

List of benefits:

Government fee is ₹4,500 per class (as opposed to ₹9,000 for others);
Early protection for brands that are still developing; and
Encourages filing during pre-revenue or early operational stages.

You must be ready to submit proof of eligibility, to err on the side of caution. Filing under this category without documents may lead to rejection or penalty fee recovery.

3. Private Limited Companies and LLPs (Non-Eligible Entities)

If you’re a company not recognised as a startup or MSME, you fall under the standard “other” category. This applies to:

Private Limited Companies;
LLPs not under MSME;
Foreign companies filing in India; and
Joint ventures and partnerships.

What the Registry expects:

Certificate of Incorporation;
PAN and registered office proof; and
Form TM-A to be signed by an authorised person (usually a director or a partner).

Additional points:

Government fee is ₹9,000 per class;
Board resolution or POA may be required if someone else signs the form.
If the company is using the brand before filing, documentary proof of usage (website, brochures, packaging) helps.

While companies can afford professional assistance, they often make structural errors, like filing in the promoter’s name or omitting usage evidence, which delays matters. This becomes a serious issue if the company later tries to enforce the mark or raise investment based on it.

4. Joint Applicants: When Two Individuals Own the Brand

In some cases, especially with early-stage ventures, the brand is co-owned by two founders before incorporation. In such cases, the mark can be filed jointly in both names.

Filing jointly requires:

Full names and addresses of both applicants;
Both parties to sign the TM-A form; and
Equal documentation from both sides.

It’s important to note that any future transfer of the mark to the company (once incorporated) will require a formal assignment agreement. Courts have refused enforcement in the past when the brand title was unclear or claimed verbally.

This is where confusion arises. If the mark is held by one person but used by another (like the company), questions around licensing, user rights, and enforcement become messy.

5. Proprietorships: The Most Frequently Misfiled Category

Most small businesses in India operate under trade names. However, the legal owner of a sole proprietorship is the individual; there’s no separate legal identity. If the trademark is filed in the trade name without clarifying that it’s a proprietorship, it can lead to Registry objections.

Better approach:

File in the name of the individual with “trading as [business name]” mentioned;
Ensure GST, PAN, and invoices all show the same name; and
Submit a declaration that the trade name and the applicant are the same.

This matters because the brand name registration under Indian law requires clarity of ownership. The Registry cannot presume that “Sharma Enterprises” is the same as “Anita Sharma” unless it’s shown on paper.

6. Practical Risks When Applicant Type Is Mismatched

Apart from fee issues, incorrect applicant structuring can derail licensing, funding, or enforcement. A few examples:

A brand is filed in the founder’s name, but the investor wants the company to own it.
The mark is owned by one partner, but the other claims shared rights.
The Company uses the brand, but the registration is in the vendor’s or their family member’s name.

In all such cases, the legal title is questioned, and courts tend to side with the Registry record unless a formal assignment or license is produced. So, for founders asking how to protect the brand name in India, the first advice is to start with the right applicant. It’s harder (and more expensive) to fix this later.

Cost of Trademark Registration in India

When clients ask about the financial outlay for registering a trademark in India, most of them expect a flat figure. Unfortunately, there isn’t one. The cost of trademark registration in India depends on who the applicant is, how many classes are selected, whether the mark is a word or a device, and whether legal representation is used. It’s not an expensive process compared to the value it protects, but it isn’t free either, and failing to budget for it properly can cause delays, especially for startups or small businesses working with limited compliance budgets.

Government Fee Structure Based on Applicant Type

The Trade Marks Rules, 2017, prescribe different fee slabs based on the nature of the applicant. Recognised startups, individuals, and MSMEs benefit from a concessional rate, while other entities pay a higher government filing fee.

Here’s a simple view of the government fee (excluding professional/legal fees):

Applicant Type	Fee Per Class (INR)	Proof Required
Individual	₹4,500	PAN, ID proof
Recognised Startup	₹4,500	DPIIT Certificate
MSME (Udyam Registered)	₹4,500	Udyam Aadhar
Company/LLP (Others)	₹9,000	Certificate of Incorporation

This fee covers the filing of Form TM-A for a single class. If the applicant wants to register under multiple classes, the fee is multiplied accordingly. For example, a startup filing under Class 9 (software) and Class 42 (IT services) would pay ₹9,000 in total (₹4,500 × 2).

Additional Costs: Legal Representation & Documentation

The government fee is just one part. If the applicant engages a trademark attorney or IP firm, professional fees apply; these are not regulated and vary depending on the lawyer or city.

Expected professional costs include:

Pre-filing brand clearance search (₹1,000–₹5,000);
Drafting and filing Form TM-A (₹2,500–₹8,000);
Response to objections or hearing representation (₹5,000–₹15,000);
Filing assignment or licensing documents, if required (case-specific).

For a clean application with no objection, most small applicants complete the process within ₹10,000–₹15,000 in total (including one class and attorney assistance). However, for more complex filings, oppositions, or filings involving multiple marks, the costs go up.

Trademark Watch and Post-Registration Monitoring

Another often-ignored cost is post-registration monitoring. To protect a brand name in India, merely registering the mark isn’t enough. It must be monitored for:

Third-party filings of confusingly similar marks;
Oppositions against your mark (if you plan to extend it into new classes); and
Use of your mark online or offline by unrelated parties.

Firms charge separately for watch services or for drafting cease-and-desist notices if required. These costs are usually annual and vary from ₹2,500 to ₹20,000 depending on the scope.

Cost of Renewal and Maintenance

A trademark registration is valid for ten years. Renewal is required before expiry. If not renewed on time, surcharges apply, and eventually, the mark is removed from the register.

Renewal fees (as per current schedule):

Government fee: ₹9,000 per class (individual/startup).
₹18,000 per class (other applicants).
Plus any legal/professional fees for documentation.

The cumulative cost across ten years, if you include filing, renewal, and minimal legal assistance, is still far lower than what you’d spend in a basic IP dispute.

So, while the upfront expense may vary, it is better seen as a foundational investment in securing your commercial identity. From the very first step, when you register a brand name in India, the cost must be evaluated in relation to legal durability, not just filing.

Common Mistakes to Avoid During Brand Name Registration

When businesses begin the process to register a brand name in India, it often seems deceptively simple: select a name, file a form, and wait. However, the actual mechanics of a smooth trademark registration process are far from mechanical. Mistakes are surprisingly common, especially among first-time applicants, and these can cost the business both time and legal certainty.

Filing Without Clearing the Trademark Register

This is one of those recurring missteps that ends up undermining the whole process. Applicants frequently assume that if a name appears “available” on Google or isn’t taken as a domain name, it’s fair game. But the real concern lies in what the Trade Marks Registry already holds.

We’ve come across applications filed without:

A phonetic check against similar-sounding marks;
Verifying pending or objected-to trademarks in related classes;
Checking deceptively similar wordings or spellings; and
And in some cases, not even reviewing Journal publications.

Section 11 objections (based on prior marks) are the most frequent result. If this happens late in the process or after commercial rollout, the consequences can include rebranding or even being sued.

Anyone looking to understand how to protect the brand name in India should treat clearance search as non-negotiable.

Incorrect Applicant Entity

Another trap is misalignment between the business that uses the mark and the name in which the mark is filed. This happens a lot with startups, where the name is filed in the individual founder’s name, but the actual business is a private limited company or LLP.

What that does is create ambiguity:

Ownership of the mark rests with the wrong person or entity;
Investors pick up this red flag during diligence, and
It complicates assignments, especially when multiple co-founders are involved.

The fix is straightforward, but often missed. If the company exists, file under the company name. If not, the promoter must add a “trading as” suffix and ensure clarity in usage.

Proper entity alignment is a basic yet essential part of a legally sound brand name registration under Indian law.

Filing Under the Wrong Class

Another surprisingly frequent oversight involves selecting the wrong class under the NICE classification. Some applicants try to minimise cost by applying under only one class, not realising that their business model spans more than one.

Here’s how such missteps typically play out:

An apparel business files under Class 25, but misses Class 35 (retail/e-commerce);
An education startup files under Class 41, skipping Class 9 (software); and
A food brand applies under Class 30 but omits Class 43 (restaurant services).

This error becomes a problem when a competitor registers in the missed class, or when the mark needs enforcement across the entire business model.

Here’s a quick table that illustrates commonly confused or dual-class scenarios:

Business Type	Primary Class	Additional Classes
Fashion Retail (Online)	25	35, 24
SaaS Platform	9	42, 35
FMCG (Food)	30	35, 43
EdTech Company	41	9, 38
Beauty Products	3	5, 35

Understanding the right classification is central to a compliant and commercially protective legal data retention policy for businesses.

Misstating Date of Use or Lacking Evidence

Many applicants tick “used since” in Form TM-A casually, without checking if they can back it up. The Registrar, however, can and does ask for documentary proof.

Acceptable proof of use includes:

Sales invoices or purchase orders predating the filing;
Packaging or product labels showing the brand;
Archived screenshots from websites or social platforms; and
Domain registration documents, printed marketing material, etc.

In the absence of such proof, claiming use can backfire. A safer option is to state “proposed to be used,” especially where commercial use is recent or unverified. Mistakes here can delay or jeopardise the trademark registration process entirely.

Neglecting Follow-up After Filing

It’s surprisingly common for businesses to file and forget. But post-filing, critical updates happen—examination reports, show cause hearings, third-party oppositions, or procedural lapses during publication.

Some common lapses:

Ignoring deadlines for filing replies to objections (typically 30 days);
Failing to track opposition notices published in the Journal;
Assuming registration has been granted based on receipt of the TM-A acknowledgement.

At this stage, errors are not always reversible. Applicants serious about how to protect their brand name in India must either actively monitor their filing or appoint a professional who does.

How to Protect a Registered Brand Name in India

In India, the mere act of registration does not exhaust your obligations as a trademark owner. While a certificate under the Trade Marks Act, 1999 offers statutory protection, the law doesn’t operate in isolation. Ownership brings with it a duty, both strategic and legal, to monitor, maintain, and, where necessary, enforce rights. This section outlines the common practices businesses rely on to safeguard a registered mark and avoid accidental dilution or abandonment.

Watch the Register, Not Just Your Inbox

After you successfully register a brand name in India, the real work starts. Many companies assume protection is passive when, in fact, it requires regular action. One of the most critical practices involves active surveillance of the Trademark Registry.

Some common preventive steps:

Check the Weekly Trademark Journal for filings that resemble your brand name.
Set up alerts or appoint an attorney to monitor the same class of goods or services;
If an application appears similar in visual or phonetic elements, file an opposition within four months; and
Monitor status changes, like assignments or amendments, made by third parties in your class.

Trademark law allows you to prevent the registration of marks that are deceptively similar, but only if timely action is taken. A missed deadline for opposition could result in years of litigation down the line.

Use It or Risk Losing It

Under Section 47 of the Trade Marks Act, a registered mark can be struck off if not used for five continuous years. This is called removal for non-use. Courts look for genuine commercial use; token or internal use rarely qualifies.

So, what qualifies as acceptable use?

Branding on product labels, cartons, or store displays;
Invoices and purchase orders where the mark appears as part of the offering;
Use of the ® symbol on your digital platforms;
Inclusion in promotional content, whether offline or online.

Some companies go further by archiving physical proof every quarter. The idea is simple: if you ever need to prove use, the evidence should already be in your file.

Create a Compliance File

Lawyers often advise maintaining what’s called a “use folder”, a soft or hard copy archive that captures brand use across media and geography. Think of it as legal insurance.

What to include:

Dated brochures, social media posts, or emailers;
Website screenshots showing the mark in use; and
Contracts, invoices, or delivery notes where the brand appears prominently.

Having these on record can save time in defending rectification petitions or infringement suits. Especially when claims of abandonment are raised.

Extend Protection to Related Marks

Let’s say your company owns “FRUITO” as a registered trademark. If your marketing team starts using “FRUITO FRESH” or “FRUITOLICIOUS” in campaigns or packaging, those derivatives must be treated as separate IP assets.

Here’s why:

Legal protection under the original registration only covers the exact mark.
Variants or slogans need their filings if you want enforceability; and
Failing to register these can lead to grey market copying, which becomes harder to contest.

Filing derivative marks is often a simple process, particularly if they fall in the same class and are used alongside the main mark.

Key Post-Registration Safeguards (Table)

Compliance Step	Why It Matters	How Often
Monitor Trademark Journal	Detect similar filings and act within 4 months	Weekly
Archive Proof of Use	Support legal validity in non-use challenges	Quarterly Review
Register Slogans and Variants	Avoid gaps in IP coverage	As Needed
Watch Domain/Online Infringement	Protect against digital misuse	Monthly or Ongoing
Use the ® Symbol Publicly	Communicates legal protection, strengthens claims	Always

This table isn’t exhaustive, but it represents the common protocols adopted by companies serious about trademark governance.

Renewal, Rectification & Enforcement Mechanisms

Getting a trademark registered is one thing; keeping it enforceable over time is another. In India, every registered trademark comes with a 10-year clock, and if you don’t take proactive steps to renew it or defend it, the law doesn’t presume you’re still interested. On the flip side, if you’re facing infringement or brand misuse, registration alone won’t stop it; you’ll need to act. This section walks through the processes of trademark renewal, rectification of entries, and what enforcement realistically looks like for Indian businesses in 2025.

Trademark Renewal – A Timely Affair

A common misconception among first-time applicants is that once the registration certificate is issued, it’s permanent. As per Rule 58 of the Trade Marks Rules, every registered mark must be renewed every 10 years from the date of application, not from the date of registration.

Here’s how it works in practice:

You may file for renewal using Form TM-R.
The window for renewal opens 1 year before expiry and closes 6 months after the expiry date (with late fees); and
The official renewal fee is ₹9,000 per class if filed online.

What happens if you miss the deadline entirely?

Your mark is liable to be removed from the register. You may apply for restoration using TM-R with a justification, but there’s no guarantee the Registrar will agree, especially if another party has applied for a similar mark in the meantime.

That’s why most companies maintain a docketing system or appoint a legal partner to track and alert them 12 months ahead. The consequences of lapse can be far more expensive than the cost of renewal itself.

Rectification of the Trademark Register – When Records Go Wrong

Sometimes, errors creep into the trademark register, like a misspelling, a wrongly attributed class, or even a mark that shouldn’t have been granted in the first place. Rectification is the legal tool to correct these entries. The process is governed by Section 57 of the Trade Marks Act.

Now, who can initiate this?

The trademark owner, seeking to correct errors in address, description, or class.
A third party, often a competitor, alleging that the registration was obtained by fraud, misrepresentation, or non-use; and/or
In rare cases, the Registrar can act suo motu.

Common grounds for rectification:

The mark was never used for 5 continuous years post-registration;
The application had material misstatements; and/or
The mark has become generic over time and lost distinctiveness.

For those wondering how to protect a brand name in India, this is where the fight often shifts. Many infringement disputes begin with a rectification petition aimed at nullifying the plaintiff’s rights. This is why documentation of use, continuous updates, and precise filings matter so much.

Enforcement – When Registration Isn’t Enough

Just because you’ve secured the brand name registered under Indian law doesn’t mean infringement won’t occur. Competitors, infringers, and even accidental misusers are common, especially in consumer goods, tech, and e-commerce spaces.

To enforce your rights, you have three broad legal routes:

Cease-and-desist letters: Sent to infringers with supporting proof. These are usually the first line of defence.
Civil suits: Filed under Section 134 of the Trade Marks Act for injunction and damages. These are filed before the Commercial Courts, and
Criminal complaints: Applicable in counterfeiting or willful duplication cases under Sections 103–105 of the Act.

Now, most disputes are resolved at the cease-and-desist stage, but only when the infringer believes you’re ready to escalate. Hence, having a record of enforcement, public usage, and consistent renewal builds not just legal standing, but leverage.

Businesses that routinely monitor online platforms (like Amazon, Flipkart, Instagram) for knock-offs or misleading tags fare better. They’re able to act quickly, before damage scales up. Digital vigilance is just as important as legal registration today.

Conclusion

Legal Standing: What You Get with Registration

A trademark registration under the Trade Marks Act, 1999, isn’t just about having a certificate to hang in the office. It practically flips the legal equation. Instead of having to prove everything, who used it first, how long, and whether customers associate the brand with your business, you start with a presumption in your favour, and the Courts recognise that. It cuts through noise in infringement matters and makes cease-and-desist notices carry actual weight.

On the other hand, businesses relying solely on use without formal registration often end up in tricky spots. Especially when disputes arise with newer players who’ve managed to register first, or worse, when someone files a bad-faith registration based on a similar mark you’ve been using for years. Legal footing in such cases becomes shaky. The absence of formal recognition from the Trademark Registry means you’re back to proving goodwill, reputation, market penetration, and distinctiveness, all uphill.

Once the mark is registered, your rights are no longer theoretical. They’re concrete, territorial, and enforceable through statutory and civil routes. In an enforcement context, it helps frame the issue quickly: your mark, your registration, your legal territory.

Business Perspective – It’s Not Just a Compliance Box

Now, from the business side, this part gets overlooked a lot, especially in early-stage or midsize companies. But the moment your brand begins to carry weight in the market, be it through recognition, investor discussion, or customer loyalty, it becomes an asset, not figuratively, but actually. One that has book value, can be transferred, monetised, and in many cases, licensed or even pledged.

Most companies don’t plan for this at the time of initial branding. But as businesses scale, a registered brand name can:

Be assigned during mergers or corporate restructuring;
Be franchised or licensed to third parties under a proper IP contract;
Serve as part of a valuation conversation in equity rounds; and
Offer collateral value during intellectual property-based financing.

If you’re working on building a reputation or even just visibility, the brand will start carrying monetary weight. And unless that brand is secured under the law, what you’re building could end up working for someone else. That’s not an exaggeration; it’s happened to more than a few businesses, especially in FMCG, SaaS, and digital-first sectors.

Final Word – Identity Control Is a Legal Priority, Not a Marketing Choice

It’s easy to see branding as a creative or marketing function, but without legal registration, none of that effort is protected. Especially in sectors where new entrants pop up regularly, and the consumer’s ability to distinguish similar names is limited.

India’s current IP environment is heavily contested; there are domain lookalikes, fake social handles, packaging copycats, and platform sellers using confusingly similar names. The most concerning factor here is that you often won’t know it until you’ve lost organic traffic or a customer flags it. And by the time that happens, you’ll wish the brand name had been secured the moment you picked it.

So for founders, CMOs, general counsel, or anyone who’s wondering about whether it’s necessary to  register a brand name in India, the answer is this: It’s not optional if the brand matters to your business. And most of the time, it does, more than we realise, and more than we admit in the early days.

About Us

Corrida Legal is a boutique corporate & employment law firm serving as a strategic partner to businesses by helping them navigate transactions, fundraising-investor readiness, operational contracts, workforce management, data privacy, and disputes. The firm provides specialized and end-to-end corporate & employment law solutions, thereby eliminating the need for multiple law firm engagements. We are actively working on transactional drafting & advisory, operational & employment-related contracts, POSH, HR & data privacy-related compliances and audits, India-entry strategy & incorporation, statutory and labour law-related licenses, and registrations, and we defend our clients before all Indian courts to ensure seamless operations.

We keep our client’s future-ready by ensuring compliance with the upcoming Indian Labour codes on Wages, Industrial Relations, Social Security, Occupational Safety, Health, and Working Conditions – and the Digital Personal Data Protection Act, 2023. With offices across India including Gurgaon, Mumbai and Delhi coupled with global partnerships with international law firms in Dubai, Singapore, the United Kingdom, and the USA, we are the preferred law firm for India entry and international business setups. Reach out to us on LinkedIn or contact us at contact@corridalegal.com/+91-9211410147 in case you require any legal assistance. Visit our publications page for detailed articles on contemporary legal issues and updates.