Indian fashion industry, an elegant confluence of tradition and innovation, has emerged as a global force. Indian designers are now recognised not just for their craftsmanship but also for their unique cultural narratives. However, this recognition has led to a rise in imitation and misappropriation, posing a significant threat to original creativity. In such a scenario, trademark law becomes an indispensable shield, particularly for fashion designers striving to protect their brand identity and ensure market exclusivity.
In India, the Trade Marks Act, 1999 governs the law relating to trademarks. It enables designers to secure legal rights over brand names, logos, emblems, or even distinctive visual elements that define their fashion lines. This article delves into the significance, legal framework, and practical challenges of trademark protection in the Indian fashion industry, while also suggesting best practices for effective brand safeguarding.
Understanding Trademarks in the Fashion Context
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of others. In the fashion industry, trademarks commonly include:
- Designer names (e.g., Manish Malhotra, Tarun Tahiliani),
- Logos (e.g., the distinctive Sabyasachi tiger motif),
- Brand tags,
- Stylised fonts or specific colour palettes,
Even certain prints or patterns acquire distinctiveness through usage.
A registered trademark grants the owner the exclusive right to use the mark concerning the goods or services it represents, along with the power to initiate legal action against infringement.
For example, Sabyasachi Mukherjee has registered multiple elements of his fashion empire, including the “Calcutta Tiger” emblem, to prevent counterfeiting and protect brand loyalty. Similarly, the luxury couture label JJ Valaya has trademarked its logos and labels to ensure originality.
Legal Framework in India: The Trade Marks Act, 1999
The Trade Marks Act, 1999 consolidates and amends the law relating to trademarks in India. It offers a comprehensive legal regime for the registration, protection, and enforcement of trademark rights. Some relevant provisions include:
- Section 2(zb): Defines a trademark as a mark capable of being graphically represented and distinguishing goods or services.
- Section 18: Empowers any person claiming to be the proprietor of a trademark to apply for its registration.
- Section 29: Deals with infringement, granting the proprietor the right to take legal action against unauthorised use of a registered mark.
Trademark registration is valid for 10 years and can be renewed indefinitely, making it a lifelong asset if properly maintained.
Why Fashion Designers Need Trademark Protection
For fashion designers, trademarks are not just legal tools—they are strategic brand assets. Here’s why:
1. Brand Differentiation and Identity
In a competitive market, a unique name, logo, or motif helps designers stand out. A registered trademark reinforces the brand’s individuality and builds long-term recognition.
2. Legal Deterrence and Enforcement
Trademark registration empowers designers to prevent others from misusing or imitating their brand elements. Courts have consistently supported rights holders in fashion-related disputes, provided they prove prior use or registration.
3. Commercial Value and Licensing Opportunities
Designers can license their trademarks to others (e.g., for perfumes, eyewear, or accessories) and generate royalties. This becomes an additional revenue stream and boosts market visibility.
4. Consumer Trust and Authenticity
Trademarks assure customers of the genuineness and quality of the product. Counterfeit garments that misuse brand labels deceive consumers, damage reputation, and affect sales.
Real-World Examples and Case Studies
Sabyasachi Mukherjee
Sabyasachi has taken active steps to protect his intellectual property. His team frequently monitors online marketplaces for counterfeit goods and has sent multiple legal notices to infringing sellers. The brand’s trademarks include the name, logo, packaging, and certain embroidery styles.
Anita Dongre
Anita Dongre’s House of Anita Dongre has registered multiple trademarks, including AND, Global Desi, and her signature label. The company also takes proactive enforcement action against counterfeit retailers.
Christian Louboutin Sas v. Pawan Kumar & Ors. (2017)
Delhi High Court, presided by Justice Mukta Gupta, granted a permanent injunction against the defendants for infringing the well-known “RED SOLE” trademark owned by the luxury brand Christian Louboutin. The defendants were found to be selling counterfeit women’s shoes bearing deceptively similar red soles, both in-store and through social media platforms.
The Court recognised the plaintiff’s trademark as well-known and awarded damages of ₹15,093 and ₹1,48,088 respectively against two groups of defendants, along with ₹4,31,895 as costs.
The judgment emphasised that punitive damages must align with the principles laid down in Rookes v. Barnard and Cassell & Co. v. Broome, and overruled contrary views taken in earlier Delhi High Court decisions, thus reinforcing a structured approach to awarding exemplary damages in IP infringement cases.
Challenges Faced by Indian Fashion Designers
Despite legal provisions, designers in India face numerous obstacles in effectively protecting their trademarks:
1. Low Awareness Among Emerging Designers
Young or regional designers often remain unaware of IP laws and don’t prioritise trademark registration, leaving their brands unprotected.
2. Cost and Procedural Delays
The registration process, though streamlined under the IP India portal, can still take several months to complete. Legal fees, opposition proceedings, and renewals add to the cost.
3. Proving Secondary Meaning
Unique designs or prints may not be inherently distinctive. They require long-term, consistent use to acquire secondary meaning in the minds of consumers—something that small brands struggle to establish.
4. Inadequate Enforcement Mechanisms
Even after securing trademark rights, actual enforcement—especially in rural markets or informal sectors—can be difficult due to lack of prompt legal remedies and counterfeiting networks.
Best Practices: How Designers Can Protect Their Brand
1. Register the Brand Early
Designers should register their brand name, logo, and any design that is consistently used as a source identifier. Avoid delay in filing applications.
2. Secure Digital Trademarks
With growing online fashion sales, it’s essential to monitor domain names, social media handles, and e-commerce platforms for unauthorised usage.
3. Keep Proof of Use
Maintain invoices, lookbooks, and media coverage showing continuous use of the trademark. This can be useful in opposition or infringement proceedings.
4. Use the ® Symbol
Once registered, use the ® symbol to inform the public that the trademark is legally protected.
5. Monitor and Act
Periodically search the Indian Trademark Registry and online platforms to identify potential infringers. Send cease-and-desist notices where necessary.
International Protection: The Madrid System
Fashion designers aiming to sell or showcase abroad can use the Madrid Protocol for international registration. India joined the system in 2013, allowing designers to file one application and seek protection in over 100 member countries. This is especially relevant for designers participating in international fashion weeks, exhibitions, or global collaborations.
Trademark Infringement and Remedies
Under Section 29 of the Trade Marks Act, 1999, infringement occurs when a person uses a mark that is identical or deceptively similar to a registered trademark, likely to confuse.
Remedies available:
- Injunctions (Interim/Final)
- Damages or Account of Profits
- Delivery/destruction of infringing goods
- Criminal penalties under Section 103 (which includes imprisonment and a fine)
Fashion designers have the option to approach IPR cells, cyber cells, or file civil suits in commercial courts, which now have expedited timelines under the Commercial Courts Act, 2015.
Conclusion
In today’s fast-paced fashion ecosystem, where visual aesthetics are easily copied and brand dilution is a real threat, trademark protection is not a luxury but a necessity. Indian fashion designers, regardless of scale or fame, must realise the immense commercial and reputational value of protecting their brand through legal means.
The law provides ample tools, but awareness, timely action, and consistency are key. By embracing trademark protection as a core business strategy, Indian fashion can continue to flourish both creatively and commercially while ensuring that credit remains with the rightful creators.
References
[1] The Trade Marks Act, 1999
[2] Christian Louboutin SAS v. Mr. Pawan Kumar [Delhi HC, CS(COMM) 714/2016]
[3] Trade Marks in Fashion: Symbols of Culture and Craftsmanship, Available Here
[4] How Sabyasachi Mukherjee built India’s biggest luxury brand, Available Here
