Trade Marks in India: What Every Global Brand Needs to Know with Ahona Chakrabarty - Ep 34
Expanding your business into India? Your trade mark strategy might need more attention than you think.
In this episode of Elise Explains IP, I'm joined by Indian trade mark lawyer Ahona Chakrabarty to explore how intellectual property protection works in one of the world's fastest-growing economies.
India has become a major market for international businesses, but many foreign brands still treat it as a secondary filing jurisdiction. As Ahona explains, that delay can create unexpected problems, even for well-known international brands.
We discuss why India is a first-to-use jurisdiction, the importance of filing trade marks early, how non-traditional trade marks such as shapes, sounds and even scents are being protected, and what businesses should consider when using AI to develop new brands.
Whether you're already doing business in India or planning international expansion, this episode offers practical insights to help you protect your brand before problems arise.
In this episode we discuss:
Why India should be considered an early trade mark filing jurisdiction
How India's first-to-use trade mark system differs from many other countries
Common misconceptions businesses have about trade mark registration
Why filing a trade mark application does not automatically give you registered rights
The importance of conducting clearance searches before launching a new brand
How famous international brands can still face objections in India
Section 11 objections and why delaying your filing can create unnecessary risk
Registering non-traditional trade marks, including shape marks, sound marks and scent marks
The growing role of artificial intelligence in branding and trade mark creation
Why AI shouldn't replace creativity when developing a distinctive brand
Practical advice for businesses looking to protect their intellectual property internationally
Key takeaway
One of the biggest mistakes businesses make is treating intellectual property as something to deal with after they've launched. Whether you're creating a new brand or expanding overseas, thinking about trade marks early can save significant time, money and frustration later.
About Ahona Chakrabarty
Ahona Chakrabarty is a trade mark lawyer with Krishna & Saurastri Associates LLP, one of India's leading intellectual property law firms. She specialises in trade mark prosecution, enforcement and brand protection, advising businesses on protecting and commercialising their intellectual property in India.
If you're looking to expand into the Indian market or need assistance protecting your trade marks in India, Ahona and her team would be delighted to assist.
Contact Details
Krishna & Saurastri Associates LLP
📞 Tel: (+91 22) 2200 6322 (Ext. 291)
📠 Fax: (+91 22) 2200 6326 / (+91 22) 6655 0607
📱 Mobile: (+91) 70459 96758
📧 Email: ahona@krishnaandsaurastri.com
🌐 Website: www.krishnaandsaurastri.com
💼 LinkedIn: https://www.linkedin.com/in/ahona-chakrabarty-212146141/
Resources
If you're considering expanding your business internationally, don't assume your Australian trade mark rights will protect you overseas. Every country has its own laws, filing strategies and commercial considerations.
If you'd like advice on protecting your intellectual property in Australia or developing an international filing strategy, we'd love to help.
Book an IP Strategy Call with Elise Steegstra via the link
If you need assistance protecting your brand in India, you can contact Ahona Chakrabarty at Krishna & Saurastri Associates LLP using the details above.
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