Intellectual property is the most vulnerable in this digital age. Social media, ecommerce, and
global markets are making it easier for these bad actors to exploit any unprotected brands.
Unauthorized use of intellectual property can lead to massive financial and reputational loss,
which can erode consumer trust and brand value. Proactive trademark registration is the first
line of defense against such threats.

The latest statistics available with the World Intellectual Property Organization show increased
awareness of this lacuna. Applications for trademarks in India surpassed 500,000 last year, a
development indicating the increasing demand of business enterprises to safeguard their brand
name. This being the case, it’s a gamble that no firm can take long to get registered their
trademark in India.

The process of trademark registration in India is governed by the Trademarks Act, 1999. Here
is a step-by-step guide:
1. Filing the Application
Under Chapter 3, Section 18 of the Trademarks Act:
Any person claiming to be the proprietor of a trademark used or proposed to be used by them
can apply in writing to the Registrar in the prescribed manner for its registration.
2. Pre-registration Considerations
a. TM Search: To ensure the mark does not violate or infringe any existing marks and to
confirm the mark is unique.
b. Classification : Identify the appropriate class of goods or services under the Classification
system.
c. Distinctiveness: Ensure the trademark is unique and not generic, descriptive, or misleading..
d. Documentation: To ensure the application is in compliance with legal requirements and
contains all the information required for review and approval.
e. Opposition and Objections: Counter any objections or oppositions by examiners or third
parties with well-prepared legal arguments.
f. Renewal and Maintenance: Monitor renewal deadlines and watch out for infringement

An experienced trademark attorney can cut through such complexities, thereby increasing the
chances of successful registration as well as providing robust protection. Their expertise,
besides saving time and money, provides the legal assurance necessary to build and protect a
strong brand.

The Madrid Protocol further streamlines the procedure for the registration of a trademark in
various countries around the world. WIPO administers it, by which trademark owners can have
one application in one language and pay for a one-time set of fees for the same. Here’s the
procedure:
1. File a Basic Application: Begin a trademark application or registration under your home
country.
2. Submit an International Application : Apply for an international trademark and request
filing through your home trademark office, such as India (IP India Office). Fill out the
application form as prompted stating which countries and classes are selected and being
offered.
3.WIPO Examination :WIPO examines formally the application and publishes its document
in the WIPO Gazette of International Marks.
4.Examination in the Designated Countries: The Trademark offices of the designated
countries make an examination based on the laws of the said countries. Any objections or
refusals have to be replied directly to the concerned authorities by applicants.
5.Registration Notification: WIPO sends notifications to every country regarding the
registration status. Once the marks get registered, with a successful approval, it gets protection
in all the jurisdictions involved.

The Himalaya Drug Company was faced with legal problems in that it failed to register its
trademark for specific pharmaceutical categories. The company allowed SBL Limited to use a
similar name, and the two companies went on to engage in a long-drawn-out legal battle over
brand confusion. The case thus stresses all-inclusive trademark registration in all relevant
categories for complete brand protection. This is a necessary reminder to start-ups: trademark
coverage gaps can expose brands to undue legal risks and delay their ability to enforce rights

Whirlpool Corporation became a defendant to a suit in India in 1996 when it had failed to
register its trademark there. Local firms were thus able to operate under the Whirlpool name
without permission. The case eventually favored Whirlpool with a verdict from the Supreme
Court but, it had dragged on and was cost, and unnecessary. It remains one of those cases that
caution brands to actively register their trademarks in the most critical markets so as to avoid
unauthorized use and litigation cost.

When Burger King entered the Australian market, it found that the name had already been
trademarked by a local fast-food chain. As such, Burger King was forced to rebrand as Hungry
Jack’s in Australia. The move enabled the company to operate, but at a cost of significant
marketing expenses and initial challenges in building brand recognition. This case highlights
the risks of delayed or incomplete trademark strategies, especially when expanding into
international markets, and the importance of securing trademarks early to avoid costly
rebranding efforts

In 2019, Adidas faced a major judicial setback after the General Court of the European Union
ruled against the three-stripe design by Adidas on grounds of its alleged exclusive rights. The
general court concluded that Adidas was not able to show adequate proof that the three-stripe
design had been uniformly used throughout the European Union. This decision presents two
crucial lessons for brand owners: maintaining active trademark registrations and continuous
proof of commercial use in relevant markets. Even globally recognized brands risk losing the
legal protection for trademarks if there is not adequate evidence of distinctiveness, for instance,
through a substantial level of use

The legal tussle between Lacoste and Crocodile in India shows the utmost need for timely and
strategic branding, especially when entering international markets. Here, the French brand
Lacoste brought a case against a Singapore based company called Crocodile, accusing it of
trademark infringement. The basis for this case was the usage of the same crocodile logo by
the latter, which might confuse consumers. Although both companies had an agreement on the
usage of the logo in various markets, Lacoste argued that this was not a future-proofing for
brand expansion. This case demonstrates the need for proactive trademark protection in all
areas of business, even where agreements in place might provide apparent protection in a
certain region. It should serve as a reminder to business owners that one must see a future
horizon and, based on their expansion needs, register trademarks in new markets to avoid
complications later.

Protection of the brand through timely trademark registration is very important so that
costly legal and financial pitfalls are avoided. In this context, whether operating locally or
internationally, a proactive approach to trademark registration will safeguard the business
identity and lay the groundwork for long-term success. Do not wait for a dispute to act—
register your trademark early to secure your brand’s future.
By filing early trademarks, a company establishes the foundations of its branding strategies. It
ensures that all necessary legal tools are there to protect its market position and fight off
infringement, thus enabling the generation of brand equity. Failure to do so will likely expose
companies to legal chaos, reputational damage, and considerable financial loss.
Trademarks are no longer formalities but strategic necessities in today’s volatile and
competitive world. They bring clarity, control, and confidence to businesses, allowing them to
grow and thrive while keeping their brands protected and future-ready. So don’t wait for
someone to infringe your brand; it’s better to take an advantage by registering your brand to
avoid all hassles.