FLIPKART, ZEPTO, BOAT: WHAT TOP INDIAN BRANDS CAN TEACH YOU ABOUT EPIC TRADEMARK STRATEGY

INTRODUCTION

In India’s rapidly growing market, trademark strategy is essential for protecting a brand’s identity as trademarks are essential for building trust and securing business reputation. This article explores famous trademark cases in India, highlighting landmark disputes involving major brands like Flipkart, Zepto, and boAt that illustrate key legal principles in trademark enforcement. It also showcases prominent trademark examples in India, such as TATA, AMUL, Aashirvaad, etc, explaining how these brands actively protect their marks to prevent misuse and copy. Additionally, you’ll find a clear, step-by-step guide on how to trademark a brand name in India, detailing the legal process under the Trade Marks Act, 1999, to help businesses safeguard their intellectual property and ensure long-term brand value.

Need help protecting your brand? Platforms like TMWala simplify the trademark registration and monitoring process, offering affordable legal assistance to startups, small businesses, and growing brands.

Famous Trademark Cases in India That Reflect a Strong Trademark Strategy

Indian courts have seen numerous landmark decisions that shape trademark enforcement today. Let’s look at three significant cases that illustrate various aspects of trademark strategy and involve Flipkart, Zepto, and boAt:

1. Flipkart vs DC DERMACOL Dispute – What Flipkart’s Case Teaches Us About Trademark Strategy

The sole distributor of the cosmetic brand “DC DERMACOL”, Sanash Impex Pvt. Ltd., filed a formal complaint against Flipkart, putting the company at the centre of a legal battle. They claimed that Flipkart was selling copied goods of their trademarked goods. The platform sought protection under Section 79, arguing that it was only a digital facilitator and not accountable for third-party listings, claiming “intermediary” status under Section 2(1)(w) of the IT Act.

However, as stated in the IT Guidelines 2021(Read here – Government notifies Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021), the Delhi High Court made it clear that this protection only applies when due diligence is undertaken. Because Flipkart had removed some listings but insisted on a court order for others, the Court had to assess whether ‘actual knowledge’ without a court order required action. The Court ruled in Flipkart’s favour, affirming that an intermediary cannot be forced to determine trademark validity without a judicial order..

2. Zepto vs Zepto Trademark Dispute

In a significant development, Kiranakart Technologies, the company behind quick-commerce platform Zepto, filed a petition to cancel the existing ZEPTO trademark, as it is already registered by Mohammad Arshad since 2014 under Class 35.Further, Kiranakart argued that Arshad never commercially used the mark.

The Delhi High Court agreed, citing Section 47(1)(b) of the Trade Marks Act, 1999, which allows cancellation of a mark if unused for over five years. As Arshad failed to provide evidence of commercial use, the court held that mere registration without bona fide use does not give indefinite rights. Kiranakart, with nationwide presence and significant goodwill, secured the removal of the trademark, a major victory for active brand users and a strong trademark strategy focused on proving usage and intent.

3. boAt’s Trademark Dispute

Imagine Marketing Pvt. Ltd., the owner of the “boAt” trademark, successfully sued those who were selling counterfeits of their products, in another instance that demonstrates the effectiveness of enforcement. The Delhi High Court awarded ₹15 lakh in damages, citing egregious use of boAt’s brand, packaging, and insignia.

Local Commissioners appointed by the court seized fake boAt products. While defendants 1 and 6 were penalized (₹5 lakh and ₹10 lakh respectively), defendant 3 was spared as no fake goods were found on their premises. The judgment emphasizes that trademark strategy not only prevents brand dilution but also ensures financial reparation.

Tools like TMWala help brands like boAt monitor the market, detect infringing use, and initiate enforcement quickly, reducing legal and reputational risks.

TRADEMARK EXAMPLES IN INDIA

These cases offer practical trademark examples in India and show how brands use different strategies to protect their IP. A solid trademark strategy ensures a company can defend its name, symbols, and identity across markets, just like the following brands have done:

1. TATA – Tata Sons Pvt. Ltd.

• Protection Method:
  • Actively enforces its mark through legal action against misuse or dilution.
  • Files regular oppositions and maintains a global IP portfolio.
  • Registered under several classes for sectors such as banking, software, telecom, and cars

2. AMUL – Gujarat Co-operative Milk Marketing Federation

• Protection Method:
  • Registers brand name, packaging style, mascot (Amul girl), and slogans (like “The Taste of India”).
  • Files lawsuits against deceptive advertising and fake dairy products.
  • Actively monitors unauthorized use in domestic and international markets.

3. BOAT – Imagine Marketing Pvt. Ltd.

• Protection Method:
  • Holds registered trademarks for “boAt” logo, stylized font, and product packaging.
  • Won a ₹15 lakh damages award in the Delhi High Court for trademark infringement.
  • Uses market surveillance and court-appointed commissioners to seize counterfeit products.
  • boAt’s enforcement actions are a textbook example of a brand following a smart trademark strategy—not just registering marks but also defending them consistently across platforms.

4. ZEPTO – Kiranakart Technologies Pvt. Ltd.

• Protection Method:
  • Holds trademark in Class 35 for online retail and delivery services.
  • Successfully petitioned for cancellation of an unused trademark under Section 47(1)(b) of the Trade Marks Act.
  • Demonstrated market presence, goodwill, and continuous use to establish rightful ownership.
  • This case shows that even newer companies can benefit from a proactive trademark strategy, especially when their operations scale quickly.

5. AASHIRVAAD – ITC Limited

• Protection Method:
  • Trademarked product names, distinctive packaging, and design elements.
  • Conducts regular legal monitoring of the FMCG space for similar marks.
  • Have a legal team consisting of IP experts to handle objections, oppositions, and renewals.

With services like TMWala, even smaller businesses can now access these legal protections for a smart trademark strategy.

HOW TO TRADEMARK A BRAND NAME IN INDIA

Registering a trademark in India is essential to protect your business identity and reputation. A well-planned trademark strategy at this stage, especially when done with professional support, helps prevent future legal hurdles and strengthens your application. Here’s a step-by-step overview of how to trademark a brand name in India:

1. Choose a Unique Mark

Pick a distinctive name or logo that doesn’t resemble existing trademarks. There are 45 classes: Classes 1–34 for goods and 35–45 for services. Choosing the right class is the first step in any effective trademark strategy.

2. Conduct a Trademark Search

Use the official portal of the Controller General of Patents, Designs and Trademarks to search for similar marks. Legal assistance is advisable to avoid objections or rejections.

3. File the Trademark Application (Form TM-A)

Costs vary:

• ₹4,500/₹5,000 for individuals/startups
• ₹9,000/₹10,000 for companies

Applications can be filed online (preferred) or manually. Submit identity proof, address proof, trademark image (9×5 cm), and a power of attorney.

4. Examination & Objections

The mark moves on to publication if it complies. If not, the Registrar might object, and you would have to answer.

5. Journal Publication

The Trademark Journal publishes the trademark. The trademark moves forward with registration if no resistance is submitted within four months.

6. Trademark Opposition & Hearing

Both parties provide evidence if an opposition is filed. Following a hearing, the Registrar renders a decision about the application.

7. Trademark Registration Certificate

After a successful completion, you can utilize the ® symbol after receiving a Trademark Registration Certificate.

8. Renewal and Protection

The registration period is ten years; however, it can be extended forever. But until it is registered outside, it solely safeguards rights within India.

CONCLUSION

In conclusion, trademarks play a vital role in protecting a brand’s identity and goodwill in India’s competitive marketplace. An effective trademark strategy not only prevents unauthorized use but also strengthens your market position. The landmark cases involving Flipkart, Zepto, and boAt demonstrate the importance of vigilant enforcement and legal recourse against infringement and misuse. By studying prominent trademark examples and understanding the registration process, businesses can take proactive steps to secure their brands and maintain consumer trust. Registering and defending your trademark not only prevents unauthorized use but also strengthens your market position, ensuring your brand’s longevity and success in India’s dynamic economy.

Whether you’re just starting or expanding your brand, platforms like TMWala can guide you through the entire trademark process, helping you build a solid trademark strategy that protects your identity.