Through a public notice issued on January 7, 2026, the Office of the Controller General Patents, Designs & Trade Marks (“CGPDTM”) cautioned popular online registration services including “makeinindia.com”, “cleartax.in”, “startupwala.com” against advertising and solicitation of prospective applicants or clients through digital and online platforms. These entities reach out to stakeholders, offering assistance in trademark registration (brand names, logos, slogans, icons, etc.) through online services. The CGPDTM clarified that the abovementioned entities are neither “Registered Trade Mark Agents” nor “Advocates” under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, and hence, not entitled to practice before the Registrar of Trade Marks.
While these online service-providers have enhanced access to, and awareness of trademark protection for small business and brand owners, the same has not been without concerns. Many of these websites assure trademark registration on payment of a certain fee; assurances that are often unaccompanied by proper affidavits, documentation, and other mandatory legal requirements. These fast, affordable services miss out on strategic advice necessary to understand the distinctiveness of marks, strength of protection, and overall business growth. This not only compromises the client’s interests in the form of objections, invalid filings, or rejections, but it also leaves brands exposed.
In October 2025, the Calcutta High Court stayed an order of the CGPDTM wherein it cautioned the public against “misleading and unauthorized trademark registration services” offered by “onlinelegalindia.com”. The said entity was allegedly promoting online trademark registration and associated services through social media platforms such as Facebook, Instagram, and WhatsApp. For small business owners who often rely on such services, these notices of the CGPDTM must ring alarm bells.
In a bid to pursue a sense of security and protection, brand owners must not avoid the verification of their concerned representatives as “registered trade mark agents”. They must be cautious of factors such as class and description, necessary filings depending on use, and monitor existing marks and the overall market for confusingly similar marks and potential infringement. It is critical for applicants unfamiliar with legal processes to treat trademark as an investment, the protection of which through unreliable means risks long-term brand growth.
