Common Trademark Issues Faced by Indian Businesses

Dec 262023

Intellectual property rights (IPR) are a growing sector in India, and many entrepreneurs are already registering trademarks to safeguard their companies from infringement by third parties with the help of a good trademark lawyer India. The basis for trademark law in India is the Trademark Act, 1999. Applications for trademark registration have dramatically increased in India in the last few years. Apart from that, registering a trademark is becoming more and more complex. Since the process has gotten more complicated, there are a lot of issues faced by Indian businesses which are listed in detail in this article.

Common Trademark Issues Faced by Indian Businesses

✔️Choosing a trademark without proper research

Sometimes most businesses rush to register a trademark, skipping all the necessary research and considering it to be a formality. However, all of your hard work and time spent in the procedure will be for naught if, after all of your creation and registration, you find out that another company has already registered a trademark that is similar to yours.

✔️Not knowing the strength of your trademark

It is in your company’s long-term benefit to know the strength of the trademark. Businessmen often ignore this problem, only to find out later that there are a plethora of other companies with names that are virtually identical to theirs—the only differences being the substitution of one or two alphabetic characters. However, since numerous businesses have been using essentially the same trademark, this could mislead your clients and create confusion

✔️Wrong use of trademark (TM) symbol

The trademark application A trademark issue cannot be the same as or confusingly similar to a currently registered trademark or symbol for which the Registrar is still processing a registration application. Any similarity in form or pronunciation is regarded as comparable. The Registrar takes into account the commodities’ nature, purpose, and channel of trade when assessing the similarity of trademarks used under classifications designated for goods. However, the Registrar considers the nature of services, their purpose, their uses, and regular commercial partnerships when assessing the similarity of trademark applications filed under classes designated for services.

✔️Inferior brands exploiting your brand with unfair practices

Trademarks have given power to business owners who have little hesitation about using well-known firms’ trademarks to increase their profits as media and the internet have developed. These businesses make an effort to mimic your brand’s methods, creating the impression that the two trademarks belong to the same business. Additionally, they lower your market share by selling their products at lower costs. Watch out for these kinds of brands!

✔️Failing to register a trademark

Unregistered trademarks are those that have not been registered in accordance with the Act. Although they can be used in conjunction with goods and services, unregistered trademarks are not very well protected by the Act. For a company whose sales and operations are primarily dependent on its trademark, this may be highly damaging.

✔️Failing to renew trademark

Since trademark renewals are necessary every 10 years and the application for renewal must be filed with the Trademark Office and must be submitted no less than a year prior to the mark’s expiration date. Additionally, within the specified time, the businesses must fill out and submit the application form. Businesses may, however, choose to prolong their protection for a further 10 years, provided that they renew on time. If a person or business doesn’t renew their trademark, the mark will be held accountable for the removal procedure and the holders will need to restore their trademark to maintain its extended protection.

Social Media Trademark Violations 📱

Brands face increasing issues with fake social media pages, influencer misuse, and impersonation accounts.

Types of Social Media Trademark Issues

✔️ Fake pages & accounts using brand logos and names.
✔️ Competitors running misleading ads with brand names.
✔️ Influencers misusing trademarks without permission in promotions.

📌 Fact: In 2023, India reported a 200% increase in brand impersonation on Instagram & Facebook.

Misuse of Trademarks in AI-Generated Content 🤖

With AI tools like ChatGPT and DALL·E, businesses now face trademark misuse in AI-generated text, images, and deepfakes.

How AI is Creating Trademark Issues?

✔️ AI-generated fake brand logos & advertisements.
✔️ Unauthorized use of brand names in AI-written content.
✔️ AI-created deepfake videos & voiceovers misrepresenting brands.

📌 Fact: In 2023, India’s first AI deepfake lawsuit was filed after an AI-generated fake brand endorsement went viral.

International Trademark Disputes for Indian Brands 🌍

As Indian businesses expand globally, they face trademark issues in foreign markets, including trademark squatting, oppositions, and rejections.

Challenges Indian Brands Face Internationally:

✔️ Competitors register Indian brand names in foreign countries before the original owner does.
✔️ Trademark disputes in the US, EU, and China over name similarities.
✔️ Delays in global trademark approvals due to lack of Madrid Protocol filings.

📌 Fact: Indian brands filed over 2,500 international trademarks in 2023, but many faced legal opposition.

Final Thoughts

Trademark issues aren’t limited to registration and infringement anymore—they now affect SEO, social media, AI, e-commerce, and international markets. Indian businesses must update their trademark strategies to tackle these new challenges.

By monitoring online platforms, enforcing trademarks internationally, and adapting to AI-based threats, businesses can stay ahead and protect their brand in the evolving digital landscape!