Trademark Infringement in India: A Practical Guide for MSMEs

 Table of Contents

• Introduction
• Trademark Registration and Certification Process
• How MSMEs Can Protect Against Infringement
• Consequences of Trademark Infringement
• Trademark Compliance Tips for Growing MSMEs
• Conclusion

Let’s be honest—most small businesses don’t think about trademarks when they start. You’re focused on orders, payments, maybe GST if you’ve got the paperwork in place. A logo and brand name come naturally. You pick something that sounds good, feels personal, and go with it.

And that’s where many businesses leave themselves exposed.

Trademark infringement doesn’t announce itself. It shows up quietly. Maybe someone begins using a similar name on Instagram. Or a listing on a marketplace looks a little too close for comfort. One day, a customer messages you: “Hey, is this your product too?”—but it isn’t.

Infringement, by law, is when someone uses a mark (a name, logo, packaging style, even colour schemes) that’s deceptively similar to yours—enough to confuse buyers. And under the Trade Marks Act, 1999, this isn’t just bad business practice—it’s a legal offence.

Here’s something that happened last year: A small home décor brand in Coimbatore had been growing steadily with their label “KariHome.” Six months in, they noticed a seller called “KarriHom” listing almost identical cushion sets on an e-commerce platform. Same colour palette. Similar logo. Their loyal buyers were tagging the wrong account. Orders dipped. The trust they’d built over months began to erode—and worse, they hadn’t registered their name.

They had no legal footing. Nothing to prove they’d used the name first. And fighting back became messy and expensive.

This is not rare. In fact, it’s becoming a pattern. As MSMEs move online, the chances of their brands being misused—or unintentionally clashing with existing ones—goes up.

But this part is often misunderstood: You don’t need to be a “big” business to file a trademark. Nor do you need a lawyer at every step. What you do need is awareness, some basic paperwork, and a mindset that sees brand protection as important as sales.

Trademark Registration and Certification Process

For many business owners, the first time they hear the term “trademark registration” is when something has already gone wrong — someone copied their name, orders dropped, or a supplier mixed them up with another company.

But here’s the thing: registering your trademark doesn’t need to be complicated. It’s just rarely explained properly to small businesses.

If you have a name, a logo, a label, or a distinct product identity — something you’ve created — it’s worth protecting. Especially if you’ve begun selling in more than one city or on online platforms. The earlier you register, the more ground you secure.

Step 1: Search Before You File

Start by making sure your brand name or logo isn’t already taken. Visit the official IP India trademark search page. The interface isn’t fancy, but it works. Type in your proposed name, check multiple spellings, and see what’s already out there. This five-minute check can save you six months of trouble.

Step 2: Gather What You’ll Need

If you’re applying as an MSME — and you should, because it cuts your government fee in half — keep your Udyam certificate ready. You’ll also need an ID proof, your logo file (JPG works fine), and if you’re a company, your incorporation docs. Nothing exotic. Just basics.

Step 3: File Your Application (Form TM-A)

You can file it online through the IP India portal. Government fees for MSMEs are ₹4,500 per trademark class. Most small businesses only need one class — but if you’re unsure, ask a consultant once, not the internet five times.

Once filed, your application gets an acknowledgment number, and your brand is now pending trademark status. Not full protection yet, but a solid start.

Step 4: Wait, Watch, and Respond

Your application goes into examination — someone from the trademark office reviews it. If they raise objections (it happens often), you’ll get notified. Most are fixable with a written reply. After that, your brand gets published in the official journal for public review.

If nobody opposes it in four months, it moves to the final stage.

Step 5: Get the Certificate — and Keep It Safe

If everything clears, your trademark is registered. You’ll receive a digital certificate. This one PDF is what you show if someone copies you. Print it. Store it. It’s valid for 10 years.

Real Scenario: A Small Cost, A Big Save

Last year, a Pune-based kitchenware brand registered “Sattva Steel” for just ₹4,500. Six months later, a seller showed up on Instagram using “Sattvaa.” When the confusion began, they didn’t panic. They issued a notice, backed by their certificate, and the imitator backed off within weeks.

No court, no chaos — just a little early action.

A trademark certificate won’t grow your sales. But it guards the work that does. And for small businesses, that’s not just a legal document. It’s peace of mind.

In the next section, we’ll look at how to actively watch for misuse—because registration is step one. Knowing how to protect it in the real world is where many MSMEs fall short.

How MSMEs Can Protect Against Infringement

Registering a trademark is the first win. But it’s not the full story.

A common assumption is — once you’ve got the certificate, you’re safe. Unfortunately, that’s not how the real world works. Infringement can still happen, and often does. What changes after registration is that now, you can actually do something about it.

Here’s what that looks like for an MSME in practice:

Keep an eye out — actively

Don’t wait for a customer to tell you your brand’s being copied. Every few weeks, check marketplaces like Amazon, Flipkart, and Meesho. Run Google Image searches using your logo. Look for accounts on Instagram or Facebook using names that feel “too close.” If you spot something, screenshot it, and date-stamp it. You’ll need records if things escalate.

One MSME we worked with—an artisan saree brand from Bhagalpur—discovered a Delhi-based seller using their designs and a near-identical name on Facebook ads. It was their buyer who flagged it.

Set up simple alerts

You don’t need expensive tools. Google Alerts is free. Set it up for your brand name, product names, and variations in spelling. You’ll get notified when something new pops up online. This works well if you’re selling pan-India or your brand is growing across regions.

Act when needed — not six months later

If you notice misuse, don’t delay. Send a cease-and-desist notice — it’s a formal warning that tells the other party to stop using your brand. You can send this through a lawyer or even a well-drafted email with your certificate attached. Most infringers, once confronted, back off quietly.

Consequences of Trademark Infringement

Ask any business owner who’s dealt with brand misuse, and they’ll tell you — it’s not just about logos or legal paperwork. It’s about losing ground you worked years to build.

When a trademark is infringed, the damage shows up in many forms. Sometimes, it’s subtle. A regular buyer gets confused, a distributor hesitates, or your product page gets flagged by a marketplace. Other times, it hits harder — lost contracts, legal notices, full-blown rebranding.

Let’s look at both sides of it — because MSMEs end up on either side more often than they’d like to admit.

If someone uses your trademark

When your brand is copied — whether it’s your name, label design, or packaging style — the law gives you options. You can send a cease-and-desist notice. You can file a suit under the Trade Marks Act, 1999. If the case holds, the other party may be fined, and you could even claim damages.

But the legal route isn’t always fast. Most MSMEs don’t have months to spare or money to burn. That’s why many opt for mediation or one-time settlement letters.

There’s a small organic soap maker in Tamil Nadu who fought back when a bigger seller reused their name on Amazon. They didn’t go to court — they sent a lawyer’s letter, attached their trademark certificate, and the infringer took the listing down in ten days.

If you’re the one who unknowingly infringes

It happens. You pick a name you like, design a label, and launch. Then a few months in, you get a notice — or worse, your account gets suspended. Rebranding isn’t just a marketing cost. You lose the followers, trust, and recognition you worked hard for.

The biggest mistake MSMEs make? Thinking infringement is someone else’s problem. It’s not. Whether you’re protecting what’s yours or avoiding what isn’t — the consequences are real, and they can hit before you see them coming.

Trademark Compliance Tips for Growing MSMEs

Most small businesses don’t think about trademark compliance until something breaks — a legal notice, a takedown email, or a distributor asking, “Is this name even registered?” But staying compliant isn’t about legal theatre. It’s quiet, practical, ongoing work. And doing it right means fewer surprises later.

Here are some straight-up practices that help MSMEs stay on safe ground:

Be consistent in your usage

This one slips through the cracks. You register your brand under one name, but then your packaging, website, and invoices all show slight variations — “& Co.” in one place, “and Company” in another, or a slightly updated logo that was never filed. Over time, these mismatches weaken your legal standing. If you ever need to defend your brand, this will get pointed out.

Pick one version of your name and stick to it. Across boards, boxes, and banners.

Document your brand journey

Keep a folder. Seriously. Save your earliest product shots, logo drafts, purchase orders, invoices, packaging files. If your trademark is ever challenged — and it might be — this history matters. It shows continuity,intent. It shows the court (or the platform) that you didn’t just file a name. You built it.

One MSME in Jodhpur avoided delisting on Flipkart because they had six months’ worth of email trails showing when they first designed and launched their brand — long before the conflict party entered the picture.

Train your team (at least once)

Whether it’s the person managing your social media or the one designing your product stickers — make sure they understand your brand name isn’t up for tweaking. A one-hour session can save you weeks of cleanup.

Brand protection isn’t just about certificates and courtrooms. It’s also about habits — the everyday, boring kind. But in business, that’s often what keeps you in the game longer.

Conclusion

If you’ve taken the time to name your business, craft your label, build loyalty — then you’ve already created something worth protecting.

But here’s what many don’t hear early enough: growth invites attention. The good kind, sure — but sometimes, the kind that leads to misuse, copying, or confusion. That’s why getting your trademark registered isn’t a bureaucratic step. It’s a business survival move.

Don’t wait for trouble. Don’t assume you’re too small to be noticed. And definitely don’t hand over your brand’s future to chance.

The cost of registration is manageable. The process is learnable. And the peace of mind that follows? That’s hard to put a number on — especially when your brand starts showing up in more places than just your own catalogue.

So, take a beat. Do the search. File the mark. Lock it in. Because what you’re building today might be someone else’s opportunity tomorrow — unless you’ve drawn a line around it.

That line is your trademark.

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