Trademark Protection in India: Why It’s Not Just About Identical Names
Many entrepreneurs believe that if their brand name is not identical to another, they’re safe. But here’s a surprising truth: you can be sued for trademark infringement even if your brand only sounds similar to an existing one.
In India, under the Trade Marks Act, 1999, trademarks are protected not just against visual similarities, but also phonetic and conceptual ones. That means names that merely sound alike—even if spelled differently—can lead to legal trouble.
The Real Threat: Phonetic Similarity
What Is Phonetic Similarity in Trademarks?
Phonetic similarity refers to names that sound the same when spoken, despite being spelled differently. For example, “QwikKart” and “QuickCart” might look different, but they are phonetically similar—and courts consider such similarity seriously.
Many brands have been forced to rebrand, lose investments, and halt marketing campaigns due to such conflicts.
Why You Must Do a Trademark Clearance Before Launching
Trademark clearance isn’t just a legal formality—it’s a business survival strategy. Here’s why:
1. Prevent Costly Legal Disputes
Without a proper clearance, you risk lawsuits, cease-and-desist notices, and brand takedowns—even if the similarity was unintentional.
2. Secure Your Brand Identity
Your trademark is your intellectual property. Clearance ensures your name, logo, and brand identity remain exclusively yourS.
3. Build Long-Term Value
A clean, registered trademark adds value to your business and builds investor confidence.
Real Case: A Brand Lost Years of Hard Work
One of our clients spent years building a brand in the organic skincare space. When they filed their trademark, it was opposed due to phonetic similarity to a foreign brand that had prior rights in India. They had to rebrand everything—labels, website, product packaging—resulting in huge losses.
How Power of Factorial Helps You Avoid This
At Power of Factorial Business Solutions, we offer much more than trademark filing—we perform deep phonetic, legal, and class-based searches to ensure your brand has a clear runway.
Our Trademark Services:
Phonetic and visual similarity clearance
Trademark application filing
Handling examination reports and objections
Oppositions and legal replies
Renewal and trademark assignments
Logo, device, and wordmark protection
Our team ensures that your brand is not only unique but legally bulletproof.
Step-by-Step: Trademark Registration Process in India
Step 1: Comprehensive Search
We search for existing trademarks—both exact and phonetically similar.
Step 2: Class Identification
Your business falls into one or more of the 45 trademark classes. Choosing the right class is crucial.
Step 3: Application Filing
We draft and file the application on your behalf.
Step 4: Examination & Response
If objections arise, our experts draft detailed responses to secure approval.
Step 5: Journal Publication
If unopposed after publication, your trademark proceeds to registration.
Step 6: Registration Certificate
On successful completion, you receive your legal trademark certificate.
FAQs – Frequently Asked Questions
Q1: Can I register a name that's already in use but not registered?
Possibly—but it’s risky. Prior use rights can still be enforced. Always run a clearance search first.
Q2: What if someone objects to my trademark?
Power of Factorial can help you defend your application legally with expert representation.
Q3: Is my Indian trademark valid abroad?
No. You’ll need to apply through the Madrid Protocol for international coverage.
Q4: How long does trademark registration take in India?
It generally takes 6–12 months if there are no objections or oppositions.
Don’t Wait Until You’re Sued—Act Now
Phonetic similarity might sound harmless, but it could cost you your brand. Don’t let your hard work go to waste. With expert clearance and legal backing from Power of Factorial, you can launch with confidence.
Contact Power of Factorial
Power of Factorial Business Solutions
📍 KR Puram, Bangalore
📞 +91 8105021287
📧 poweroffactorial024@gmail.com
🌐 www.poweroffactorial.in