The 2026 Trademark FAQ: Everything Business Owners Need to Know About India’s Evolving IP Laws
If you are still operating on trademark advice from 2020, you are vulnerable. The last 18 months have seen a seismic shift in Indian Intellectual Property (IP) law. We have seen the Supreme Court rewrite the rules on digital advertising, High Courts clamp down on AI-generated personality theft, and the government decriminalize minor offences to boost the "Ease of Doing Business."
As we settle into 2026, here are the most frequently asked questions (FAQs) from our clients, answered with the latest legal precedents.
1. Can I bid on my competitor’s brand name as a Google Keyword?
The Short Answer: Yes, but be very careful.
The Legal Update (2024-2025): In the landmark MakeMyTrip vs. Google & Booking.com (2024) judgment, the Supreme Court clarified that using a competitor's trademark as a "keyword" on Google Ads does not automatically amount to infringement.
- The Logic: There is no "confusion" if the ad clearly labels the service. A user searching for "MakeMyTrip" who sees a "Booking.com" ad is smart enough to know the difference.
- The Trap: You can use the keyword, but you cannot use their trademark in your ad text or headline. If your ad says "Better than MakeMyTrip," you are crossing the line into unfair competition.
2. Can I trademark a short code or alphanumeric variation (like "6E" or "X1")?
The Short Answer: It is difficult, and currently a hot litigation zone.
The "Live" Case: All eyes are currently on the IndiGo vs. Mahindra dispute. IndiGo sued Mahindra for using "BE 6e" for its electric vehicle, claiming it diluted their "6E" call sign.
The Lesson: Courts are increasingly skeptical of granting monopolies over two-letter alphanumeric codes unless they have achieved "well-known" status. If you are a startup naming a product "X1" or "A9," expect resistance from the Registry.
3. Can I protect my "Vibe" or "Persona" from AI Copycats?
The Short Answer: Yes. "Personality Rights" are now strictly enforced.
The Precedent: In the Jackie Shroff vs. The Peppy Store (2024) case, the Delhi High Court issued a sweeping order protecting the actor’s nickname ("Bhidu"), voice, and image from unauthorized use—specifically targeting AI chatbots and GIF generators.
Why This Matters in 2026: Brands cannot use a "sound-alike" voiceover or a "look-alike" avatar of a celebrity without permission. The defense of "it's just a parody" or "it's AI-generated" is no longer a valid shield.
4. I heard trademark offences were decriminalized. Does that mean I can't go to jail?
The Short Answer: You won't go to jail for administrative errors, but counterfeiting is still a crime.
The Reform: Under the Jan Vishwas (Amendment of Provisions) Act, the government decriminalized procedural offences. Falsely representing a trademark as "Registered" (using the ® symbol when you only have a pending application) is now a civil penalty.
However, Counterfeiting (selling fake goods) remains a cognizable criminal offence. The police can still raid premises and arrest infringers.
5. How long does registration take in 2026?
The Short Answer: 6 to 12 months (if uncontested).
The "Procedural Shift": The Trademark Registry has moved to a "Digital First" workflow with video conferencing for hearings. If you have an Udyam Registration or DPIIT Startup Certificate, you can file using Form TM-A with expedited processing fees, often receiving examination reports within 30 days.
6. Can I register a sound or a shape?
The Short Answer: Yes, but the bar is high.
You can register a sound (like the Netflix "Ta-Dum") if you can prove it acts as a "source identifier." For shapes (like the Toblerone bar), you must prove the shape is not functional (e.g., you can't trademark a round tire because tires need to be round).
7. Does my Indian trademark protect my brand in the USA or Dubai?
The Short Answer: No. Trademark rights are territorial.
The Solution: You must file for protection in each country where you do business. However, since India is a member of the Madrid Protocol, you can file a single application through the Indian Trademark Office to protect your brand in multiple member countries (including USA, UK, UAE, and EU) simultaneously.
8. I am a startup founder. Should I register the trademark in my name or the company's?
The Short Answer: Ideally, in the Company's name.
The Investor View: Investors and VCs prefer the Intellectual Property to be owned by the entity (Private Limited) rather than the individual founder. If the trademark is in your personal name, you will likely be required to assign it to the company before a funding round, which involves additional paperwork and stamp duty.
9. What is the "Class 35" trap everyone talks about?
The Short Answer: Registering only for "Retail Services" when you actually sell "Products".
The Mistake: Class 35 covers services like advertising and business management. If you manufacture and sell electronics (Class 9) or clothing (Class 25), registering only in Class 35 does not protect the brand name on the product itself. You must file in the specific class of goods plus Class 35 if you also operate a retail store or marketplace.
Conclusion: The "Set and Forget" Era is Over
In 2026, a trademark is not just a certificate you hang on the wall; it is a strategic asset that needs constant defense against AI squatters, keyword bidders, and alphanumeric clones. Conducting a "Portfolio Health Check" is the best next step for your business.
Office of M S Sulthan Legal Associates
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