Hrishika Kumari Lal
8 Sept 2026 2 min read
What the Law Actually Protects
Under India’s Trademarks Act, 1999, a mark basically can be a word, symbol, sound, shape, or even a combination of colors, so long as it distinguishes one trader’s goods or services from another’s there’s no issue in particular. Registration isn’t mandatory to claim rights, but it does make enforcement dramatically easier and even a registered owner can sue for infringement, while an unregistered user must rely on the older, harder-to-prove common law remedy of passing off. And passing off basically requires showing three things: 1st is that you have goodwill in the mark, 2nd that the other party has misrepresented their goods as yours (or confusingly similar), and 3rd that this has caused or is likely to cause you damage.
The “Deceptive Similarity” Trap
Most disputes usually don’t involve identical copies, they just involve names, logos, or packaging that are close enough to confuse an average consumer with imperfect recollection. That’s why Courts don’t just look at the side-by-side comparison, they look at the overall structural, phonetic, and visual similarity. This is why "Odia Chonka" and "Odisha chukka," despite being different words, could plausibly confuse a hurried customer.
Practical Takeaways
So, for anyone naming a business, product, or even a social media handle, there can be some practical lookouts to avoid being sued, such as
1. Search before you commit: A quick check on the Trademarks Registry’s public database can help in avoiding any future conflicts.
2. Register early: While rights can arise from use, early registration gives automatic presumption of ownership and nationwide protection.
3. Think beyond identical copying: Similarity in sound, look, or overall impression matters as much as exact duplication, it's always best to avoid it.
4. Class matters, but not absolutely: While Trademarks are registered under specific classes of goods/services the well-known marks can sometimes claim protection across classes to prevent copying and unfair advantages.
Why This Matters Beyond Business
In conclusion, Trademark law isn’t only about companies protecting their brand name, it's more than that, it protects consumers from confusion and rewards businesses that build genuine goodwill. In the developing economy, disputes like the one above become more common. And little due caution at the naming stage can save years of litigation later.
Hrishika Kumari Lal
Birla Global University
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