In a recent and widely discussed case, sportswear brand Puma approached the Delhi High Court after counterfeit products bearing its registered trademark were being openly sold in Indian markets and online platforms. The court took strict action, imposed penalties on the infringers, and ordered an immediate stop to the sale of fake goods.
What made the difference? Puma’s trademark was properly registered and legally enforceable. Because of this, the brand could quickly prove ownership, demonstrate infringement, and secure relief from the court.
Now imagine the opposite scenario—if the trademark had not been registered. The brand would have struggled to establish exclusive rights, enforcement would have been delayed, and the damage to reputation and revenue could have continued unchecked.
This is not just a large-corporate issue. Similar situations occur every day with:
- Startups whose brand names are copied by competitors
- Instagram businesses losing their brand identity to lookalike pages
- MSMEs receiving legal notices because someone else registered their name first
At Incorpadvisor, many clients come to us after facing such issues. Our role is to ensure businesses don’t reach that stage—by securing trademark rights before conflicts arise.
Another Live Trend: Personal Brands Going Legal
A more recent example comes from the personal branding space. Indian cricket icon MS Dhoni moved to trademark his popular nickname “Captain Cool”. This step was taken to prevent misuse of the name across merchandise, digital content, and endorsements.
This case highlights a growing reality in India: names themselves have commercial value. Today, founders, coaches, consultants, YouTubers, and influencers are following the same path—registering their names and brand identities to secure long-term control.
What was once seen as “only for celebrities” is now a smart business decision for anyone building a public-facing brand.
Non-Traditional Trademarks: Branding Beyond Logos and Names
Modern branding is experiential, and Indian trademark law is slowly adapting to this reality. Beyond traditional wordmarks and logos, non-traditional trademarks such as sound marks, shape marks, colour combinations, and even scent-based marks are gaining recognition.
This evolution allows businesses to protect what truly differentiates them—not just how their brand looks, but how it feels and is remembered.
Examples of non-traditional trademarks include:
- A unique product shape that customers instantly recognize
- A specific sound or jingle associated with a brand
- Distinctive packaging or colour usage
However, registering such trademarks is complex. It demands precise drafting, strong evidence, and expert representation—making professional support essential.
Digital Transformation at the Trademark Registry: Faster but Not Foolproof
The Trademark Registry has modernized the trademark process with online filing, e-hearings, digital examination reports, and improved transparency. These reforms have reduced timelines and made trademark services more accessible across India.
Yet, faster systems do not eliminate risks. Many applications still face objections due to:
- Incorrect class selection
- Improper descriptions
- Weak responses to examination reports
This is why expert handling matters—not just for filing, but for long-term brand security.
In 2025 and beyond, trademarks will continue to shape how businesses grow, compete, and expand globally. Protecting your brand early is not an expense—it is an investment in credibility, exclusivity, and long-term value.
With expert guidance and proactive strategy, businesses can turn their brand identity into a legally protected advantage.
