Registration is not enough: A trademark is only as strong as you actively enforce it. Failure to monitor and enforce your mark can result in others using it freely — and over time, your mark may even become unenforceable through acquiescence or genericness.
Why Trademark Protection Matters
Trademark registration grants you exclusive rights — but those rights only have value if they are actively monitored and enforced. The Trade Marks Registry does not enforce your rights on your behalf. The responsibility for protecting your trademark against infringement, passing off, dilution and unauthorised use rests entirely with you, the proprietor.
Effective trademark protection is a continuous process — from monitoring the Trade Marks Journal for conflicting applications, to watching online marketplaces for counterfeit goods, to pursuing infringers through notices and court action. We provide comprehensive trademark protection services to safeguard the brand value you have built.
Our Trademark Protection Services
We monitor new trademark applications published in the Trade Marks Journal and alert you to conflicting marks within the 120-day opposition window.
When a conflicting mark is discovered, we file a trademark opposition notice (Form TM-O) to prevent its registration before it grants additional rights to the infringer.
Cease and desist letters sent to parties infringing your registered trademark in the market, online, on social media or on e-commerce platforms.
Registration with Amazon Brand Registry, Flipkart Brand Protection and other platforms. Takedown of counterfeit and infringing listings.
Filing civil suits for injunction, damages and delivery up of infringing goods before District Courts and High Courts across India.
Filing criminal complaints under Section 103 of the Trade Marks Act, 1999 — imprisonment up to 3 years and fine up to Rs 2 lakh for trademark counterfeiting.
Trademark Protection — Layered Approach
Register Correctly
File in all relevant classes and jurisdictions — gaps in registration create gaps in protection
Monitor the Register
Watch TM Journal weekly for similar marks — oppose within 120 days of publication
Monitor the Market
Watch physical market, online platforms and social media for unauthorised use
Act Swiftly
Send infringement notice immediately on discovery — do not delay
Escalate if Needed
Civil suit or criminal complaint if notice is ignored or infringement continues
Renew on Time
Renew every 10 years — a lapsed trademark loses all protection
Common Trademark Threats to Watch For
- Similar marks filed at the Trade Marks Registry — pre-empt before registration is granted
- Counterfeit products bearing your registered mark in physical markets
- Infringing listings on Amazon, Flipkart, Meesho and other e-commerce platforms
- Domain names incorporating your trademark — cybersquatting
- Social media handles and pages using your brand name or logo without permission
- Keyword advertising — competitors using your trademark as a Google AdWords keyword
- Parallel imports — unauthorised importation of goods bearing your trademark
- Trademark dilution — famous marks being used on unrelated goods or in a derogatory manner
Non-use vulnerability: A trademark not genuinely used for 5 years and 3 months from registration is vulnerable to removal from the register on grounds of non-use. Maintain consistent use of your trademark and keep records — invoices, advertisements, product labels — as evidence of genuine use.
Frequently Asked Questions
What does trademark protection involve?
Trademark protection is an active, ongoing process that involves: monitoring the Trade Marks Journal for conflicting new applications; watching online platforms and the physical market for infringement; sending cease and desist notices; filing oppositions against conflicting applications; pursuing civil and criminal enforcement actions; managing brand protection programmes on e-commerce platforms; and ensuring timely renewal of your own registrations.
Why is trademark monitoring important?
If a similar trademark is published in the Trade Marks Journal and you do not oppose it within the 120-day window, it proceeds to registration. Once registered, a conflicting mark is significantly harder to challenge — you must file a rectification petition rather than the simpler opposition. Regular monitoring enables you to block conflicting marks at the cheaper and faster opposition stage, before they acquire additional rights through registration.
What is trademark watching?
Trademark watching is a systematic monitoring service that tracks new trademark applications published in the Trade Marks Journal each week and alerts you when applications are filed that are identical or similar to your registered mark in the same or related classes. This gives you the opportunity to evaluate the application and decide whether to file an opposition within the 120-day window before the mark gets registered.
How do I protect my trademark on e-commerce platforms?
E-commerce brand protection involves: registering with Amazon Brand Registry using your trademark registration certificate; enrolling in Flipkart Brand Protection; filing takedown notices against counterfeit or infringing listings; reporting unauthorised sellers; and in serious cases, pursuing legal action against platform sellers for trademark infringement. A registered trademark is a prerequisite for enrolment in most platform brand protection programmes.
Can a trademark lose its protection through non-use?
Yes. Under the Trade Marks Act, 1999, a trademark that has not been genuinely used in commerce for a continuous period of five years and three months from the date of registration can be removed from the register by any aggrieved party on grounds of non-use by filing a rectification petition. Maintain consistent use of your trademark and keep proper records — invoices, advertising material, product labels — as evidence of genuine use.
Official Resource: For official information, visit the Trade Marks Registry, IP India — the authoritative government source for IP matters in India.