Trademark Infringement in India: Protecting Company Names, Brands, and Business Interests

Businesses often invest in developing a strong brand presence to enhance their market position, strengthen commercial value, and support long-term growth. A distinctive brand identity can help companies expand their customer reach, build market recognition, and differentiate their products and services.

For businesses establishing a presence in India, company registration under the Companies Act 2013 is only one aspect of setting up operations. Companies should also consider relevant intellectual property protections, including trademarks, to secure their brand assets and creative works.

The key legislation governing these rights in India includes the Trade Marks Act 1999.

Accordingly, businesses should assess their intellectual property requirements alongside company registration when establishing and commercialising their operations in India.

Trademark infringement in India: Legal framework

In India, trademark infringement proceedings are primarily governed by Section 29 of the Trade Marks Act 1999. A registered trademark owner can take action when another party, without authorisation, uses an identical or deceptively similar mark in the course of trade in a manner likely to be perceived as trademark use. The provision covers the use of identical or similar marks in relation to identical or similar goods or services, as well as certain uses involving reputed trademarks on dissimilar goods or services where such use takes unfair advantage of, or is detrimental to, the mark’s distinctive character or reputation.

Section 29 also covers the use of a registered trademark as a trade name and activities such as applying the mark to goods or packaging, offering goods for sale, importing or exporting, and using the mark in business documents or advertising.

Recent trademark infringement rulings in India

Recent Indian court decisions demonstrate the range of issues that businesses may encounter when protecting their trademarks.

Havells India Ltd. v. Havai Home Products Pvt. Ltd. & Ors.

In Havells India Ltd. v. Havai Home Products Pvt. Ltd. & Ors., decided by the Delhi High Court in July 2026, Havells alleged that the defendants’ HAVAI marks were deceptively similar to its registered HAVELLS trademarks and therefore infringed them under Section 29 of the Trade Marks Act, 1999. The defendants argued that their own HAVAI registrations prevented an infringement claim under Section 29.

The Court found a prima facie case of passing off, noting that the relevant assessment should consider how the mark was actually presented to consumers rather than relying solely on its registered form. It also held that the defendants’ own trademark registration did not prevent Havells from pursuing a passing-off claim based on its prior use and goodwill.

Amara Raja Energy & Mobility Ltd. v. Exide Industries Ltd.

In Amara Raja Energy & Mobility Ltd. v. Exide Industries Ltd., the Supreme Court of India considered an interim injunction concerning the use of red packaging for batteries. While the Court modified rather than lifted the injunction, it allowed certain products already packaged in red cartons and held by third-party distributors and retailers to be sold through, while requiring unused cartons to be destroyed. The decision highlights how trade dress disputes and interim injunctions can have a direct impact on existing inventory and business operations.

Hermès International v. Macky Lifestyle

In November 2025, the Delhi High Court recognised the HERMES word mark and the three-dimensional shape associated with the Birkin bag as well-known trademarks. The decision is relevant to brand enforcement because it demonstrates the scope of protection that may be available for distinctive elements of a brand, including product shapes, subject to the statutory requirements.

Understanding trademark classification

Trademark protection is linked to the specific goods and services for which a mark is registered. This makes classification an important part of a business’s trademark strategy:

1. Selecting the appropriate class helps define the scope of protection
2. Can influence the assessment of potential infringement.

The Trade Marks Rules 2002 provide a classification framework covering different categories of goods and services. Businesses should therefore identify the classes relevant to their current and planned activities when applying for trademark protection.

Classification of goods and services under the Trade Marks Rules 2002

The Fourth Schedule to the Trade Marks Rules 2002 classifies goods and services into 45 classes. The classification covers Classes 1-34 for goods and Classes 35-45 for services.

Trademark Classification of Goods and Services in India
Classes	Broad category	Examples
1-5	Chemicals, paints, cosmetics, pharmaceuticals	Industrial chemicals, paints, cleaning products, cosmetics, medicines
6-10	Metals, machinery, tools, electronics, medical equipment	Metal goods, machines, hand tools, computers, medical instruments
11-15	Appliances, vehicles, firearms, jewellery, musical instruments	Lighting and sanitary equipment, vehicles, firearms, jewellery, musical instruments
16-20	Paper, rubber, leather, building materials, furniture	Printed materials, plastics, leather goods, building materials, furniture
21-25	Household goods, textiles, clothing	Kitchenware, glassware, ropes, textiles, clothing and footwear
26-30	Decorative goods, floor coverings, games, food products	Embroidery, carpets, sporting goods, meat, dairy, confectionery and spices
31-34	Agricultural products, beverages, tobacco	Agricultural goods, non-alcoholic beverages, alcoholic beverages, tobacco
35	Advertising and business services	Advertising, business management, administration
36	Financial and real estate services	Insurance, finance, monetary and real estate services
37-40	Construction, telecommunications, transport, material treatment	Construction, telecom, transport, storage, material treatment
41	Education and entertainment	Education, training, entertainment, sports and cultural activities
42	Technology and scientific services	Research, technology, industrial analysis, software and hardware development
43	Food and accommodation	Food and drink services, temporary accommodation
44	Medical, veterinary, and agricultural services	Healthcare, veterinary care, beauty care, agriculture and horticulture
45	Legal, security, and personal services	Legal, security, personal and social services

Source: IP India eFiling

How to trademark a company name in India

Registering a company name under the Companies Act 2013 does not automatically give a business exclusive trademark rights over that name. A company seeking broader protection for its name as a brand should consider registering it as a trademark under the Trade Marks Act 1999.

Trademark registration can protect a distinctive company or brand name from unauthorised use or infringement in relation to the goods or services covered by the registration. However, the scope of protection depends on the mark, the relevant trademark class, and the nature of the goods or services for which registration is sought.

CLICK HERE: Choosing a Company Name in India: Legal and Strategic Insight

Step 1: Conduct a trademark search

Before filing an application, businesses should search the IP India trademark database for existing marks that are identical or deceptively similar to the proposed company name. The search should cover the relevant trademark classes as well as phonetic variations and similar marks.

This preliminary clearance exercise can help identify potential conflicts and reduce the risk of objections or opposition during the registration process.

Step 2: Identify the appropriate trademark class

Trademark protection is granted in relation to specified goods and services. Businesses should therefore identify the class or classes that correspond to their current and intended commercial activities.

For example, a business selling clothing may consider Class 25, while a software or technology business may require protection under Class 42, depending on the nature of its activities. A business operating across multiple product or service categories may need to file in more than one class.

Step 3: File the trademark application

Businesses can apply for trademark registration through the IP India trademark e-filing system. The application generally requires details of the applicant, the proposed mark, the relevant goods or services, and supporting documentation.

A company may seek registration for a word mark, which protects the name itself, or for a device mark, such as a logo. Where appropriate, separate applications may be considered for different brand elements.

Step 4: Examination and publication

After filing, the Trade Marks Registry examines the application for compliance with statutory requirements and potential conflicts with existing marks. If the Registry raises objections, the applicant may be required to submit a response and, where applicable, attend a hearing.

If the application is accepted, it is published in the Trade Marks Journal. Third parties may oppose the application within the prescribed period. If no successful opposition prevents registration, the mark proceeds towards registration.

Registration does not guarantee protection in every situation

Trademark registration provides important legal rights, but it does not mean that a company can use its registered name without considering other businesses’ rights.

The Delhi High Court’s decision in Havells India Ltd. v. Havai Home Products Pvt. Ltd. & Ors. illustrates this point. The Court held at the interim stage that a defendant’s own trademark registration did not prevent the plaintiff from pursuing a passing-off claim where the manner in which the mark was actually used created a deceptive similarity with the plaintiff’s mark.

Businesses should therefore ensure that the mark they register is consistent with the mark they actually use across packaging, advertising, websites, and other commercial materials.

Key considerations for businesses on trademark infringement

Before trademarking a company name in India, businesses should do the following:

1. Conduct a comprehensive trademark search before adopting the name
2. Identify all relevant classes of goods and services
3. Assess whether the proposed name is sufficiently distinctive
4. Consider registering the company name as a word mark where appropriate
5. Register important logos or other distinctive brand elements separately where necessary
6. Ensure that the mark used commercially remains consistent with the registered mark
7. Monitor the market for potentially conflicting or infringing uses after registration

For businesses establishing a long-term presence in India, trademark registration should therefore be considered alongside company incorporation rather than as a substitute for it. Company registration establishes the corporate entity, while trademark registration protects the relevant brand identity against infringement.

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