Common Misconceptions About Trademarks

If you are an entrepreneur, trying to build your brand and have doubts in your trademark filing, you’re not alone. Many Indian entrepreneurs believe that once they’ve registered their company name or domain, their brand is automatically safe. Others think trademarks are only for big corporations, or that they’re too expensive and complicated for startups.

In reality, these assumptions can cost your business its identity, your product its exclusivity, and your brand its hard-earned reputation.

This article breaks down the most common misconceptions about trademarks that every Indian entrepreneur should know explained in simple and relatable terms. You’ll learn what a trademark really protects, why registration under the Trade Marks Act, 1999 matters, and how even small businesses can build legally strong brands from day one.

So, before you take your next step in branding, marketing, or expansion, take five minutes to read this article. It could save you years of confusion, conflict, and lost brand value.

Table of Contents

Common Misconceptions about Trademarks

*S.No*.	Misconception	Fact
1	If I register a trademark in India, I automatically own that word, logo, or symbol for all types of goods and services.	Trademark protection in India is limited to the specific goods or services for which it is registered, as classified under the Nice Classification system. Trademark Registration in one class does not grant rights in other classes. To expand protection, businesses must file separate applications for each class where they want exclusive rights. Th is ensures legal coverage across all areas of operation. Owning a trademark in a specific class prevents others from using a similar mark in the same or closely related category, but it does not prevent use in unrelated industries.
2	A quick Google search is enough to clear my trademark before applying.	A Google search only shows web content and may miss registered trademarks or pending applications in India. Proper clearance requires searching the official Indian Trademark Registry, which lists all registered and pending trademarks. It is important to check for marks that are identical, similar in appearance, sound, or meaning, and ensure they do not conflict within your business class. For best results, entrepreneurs should either use the TMR public search tool (tmrsearch.ipindia.gov.in) or consult a trademark professional before filing.
3	If I’ve incorporated my business name, I’m automatically safe and no one else can use it.	Incorporating a company or registering a business name under the Ministry of Corporate Affairs (MCA) only prevents others from registering an identical company name. It does not grant trademark rights or exclusive ownership over the name for branding or commercial use. Trademark registration under the Trade Marks Act, 1999 is a separate process that gives you the exclusive right to use your brand name or logo for specific goods and services. Without it, another business could legally use a similar name in a different class or industry. To ensure full protection, entrepreneurs should register their company name (for legal existence) and trademark (for brand identity and market rights).
4	I can wait until my business grows big to register a trademark; it’s not urgent now.	Delaying trademark registration exposes your business to significant risk. Another entrepreneur may register a similar mark in the same or related class, potentially preventing you from using your own brand. Early registration establishes priority rights, strengthens your legal position, and safeguards your brand as your business expands. It also reduces the likelihood of disputes and costly legal proceedings in the future.
5	Once my trademark is registered in India, it lasts forever without any further action.	A registered trademark in India is valid for 10 years from the date of registration. It does not last indefinitely without maintenance. To maintain protection, the trademark must be renewed every 10 years by filing the renewal application with the Indian Trademark Office and paying the prescribed fees. Failure to renew may result in the trademark being removed from the register, exposing the brand to potential infringement or loss of exclusive rights.
6	In India the mere act of registration gives me all rights, regardless of actual use.	While registration confers a strong presumption of ownership, trademarks must also be used in commerce to maintain validity. The Trade Marks Act, 1999 allows for removal of trademarks that have not been used continuously for several years. Non-use can weaken your rights and invite legal challenges. Active use, combined with registration, ensures the trademark remains enforceable and fully protects your brand identity.
7	I can start using the ® symbol in India as soon as I file the application.	In India, the ® symbol may only be used after the trademark has been officially registered under the Trade Marks Act, 1999. Using it prematurely is misleading and could be considered a violation of the law. Before registration, businesses can indicate a claim with “TM” but it does not provide the same legal presumption of ownership. Correct usage ensures clarity to consumers and competitors that the mark is legally protected. Misuse of the ® symbol can undermine your credibility and may invite legal scrutiny. It’s critical to clearly differentiate between pending applications and registered trademarks to maintain compliance and brand integrity.
8	My Indian trademark registration gives me exclusive rights around the world.	Trademark rights are territorial, meaning an Indian registration protects the mark only within India for the goods/services listed in the application. Registration does not automatically grant rights internationally. To secure protection in other countries, businesses must apply separately in each jurisdiction.Entrepreneurs planning to expand abroad should consider filing in key markets early to avoid conflicts with local trademarks. Relying solely on Indian registration can expose a brand to infringement in foreign territories, potentially affecting business expansion and licensing opportunities.
9	I don’t need to monitor the register or market because the Registrar will stop similar registrations for me.	While the Indian Trademark Office examines new applications for potential conflicts with existing marks, it does not actively monitor ongoing commercial use or new business activities. Entrepreneurs are responsible for watching the market, competitors, and online platforms to detect unauthorized use of similar or identical marks. Failing to monitor can result in infringement going unnoticed, weakening the value of your trademark and making enforcement more difficult. Regular vigilance and timely legal action are essential to maintain strong brand protection.
10	Trademarkregistration means I never have to worry about infringement again.	Trademark registration in India provides the legal right to prevent others from using a confusingly similar mark within your class of goods or services. However, it does not automatically stop infringers. The owner must actively enforce their rights through legal notices, cease-and-desist communications, or civil suits if necessary. Without monitoring and enforcement, unauthorized use can lead to brand dilution, loss of reputation, and potential financial damage. Registration is just the first step in protecting your brand.

Practical Checklist for Indian Entrepreneurs

Conduct a thorough trademark search in the Indian Trademark Registry database.
Identify and apply under the correct class as per the Nice Classification system.
Choose a distinctive and non-descriptive brand name or logo for better protection.
Use the ® symbol after registration to assert legal ownership.
Renew your trademark every 10 years to maintain uninterrupted rights.
Consider international filing through the Madrid Protocol for global protection.
Monitor markets and online platforms regularly to detect and act against infringement.

Conclusion

In today’s competitive business landscape, protecting your brand is not optional; it’s essential. Many Indian entrepreneurs unknowingly fall for misconceptions that can weaken their trademark protection and risk their brand identity. By understanding the truth behind these misconnections and following the practical checklist shared above, you can secure your brand’s legal foundation, strengthen consumer trust, and open doors for long-term growth.

Remember, a trademark is not just a legal formality; it’s your business’s most valuable asset. Whether you’re a startup or an established enterprise, invest time in registering, maintaining, and enforcing your trademark rights under the Trade Marks Act, 1999. The earlier you act, the stronger your brand stands.

Our expert team of My Legal Business LLP helps Indian entrepreneurs, startups, and MSMEs navigate the trademark registration process, respond to objections, and ensure long-term protection under the Trade Marks Act, 1999.

Get in touch today to secure your brand’s identity and build lasting value for your business.