Trade mark registration has become increasingly significant in the context of India’s growing startup ecosystem and brand-driven commerce. Alongside this growth, regulatory authorities have observed a rise in misleading online advertisements and solicitations offering assurances of trade mark protection through digital platforms.
In this context, the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) issued a Public Notice dated 7 January 2026, drawing attention to such practices and clarifying the legal framework governing trade mark practice in India.
This note summarises the contents of the Public Notice and the applicable legal position for general awareness.
Background of the Public Notice
The CGPDTM noted that certain entities were engaging in advertising and solicitation activities through websites and online platforms, offering services related to trade mark registration, including claims of guaranteed or assured registration.
The Notice records that such activities are contrary to the statutory scheme governing legal practice and trade mark representation in India and may mislead applicants and stakeholders.
Authorised Persons under Trade Marks Law
The Public Notice reiterates that, under the Trade Marks Act, 1999 and the Advocates Act, 1961, only the following categories of persons are authorised to practice before the Registrar of Trade Marks:
Advocates enrolled under the Advocates Act, 1961
Registered Trade Marks Agents recognised under the Trade Marks Act, 1999
Entities or individuals not falling within these categories are not authorised to represent applicants before the Trade Marks Registry.
Entities Identified in the Notice
The CGPDTM has identified and listed several online platforms that were found advertising or offering trade mark registration services through digital modes. The listing is intended as a cautionary measure for stakeholders, highlighting that such entities do not fall within the recognised categories of authorised practitioners.
The Notice clarifies that representation before the Trade Marks Registry is a regulated legal function and not a general commercial service.
Legal Position on “Guaranteed” Trade Mark Registration
The Public Notice implicitly highlights an important legal principle:
trade mark registration is a statutory process and cannot be guaranteed.
Applications are subject to:
examination by the Trade Marks Registry,
objections and compliance requirements,
publication and potential opposition proceedings.
Any assurance of guaranteed registration is therefore inconsistent with the statutory framework and may misrepresent the nature of the process.
Filing of Trade Mark Applications
As clarified in the Public Notice, trade mark applications may be filed:
Directly by the applicant, or
Through an authorised Advocate or Registered Trade Marks Agent
Applications may be submitted either online through the official portal of the Trade Marks Registry or offline at the appropriate Registry office.
Regulatory Objective
The Notice states that it has been issued in the larger public interest, with the objective of:
Upholding ethical and professional standards in IP practice
Protecting applicants from misleading representations
Encouraging compliance with the statutory framework governing trade marks
This reflects the regulatory emphasis on transparency and integrity in intellectual property administration.
Conclusion
The Public Notice issued by the CGPDTM serves as a reminder that trade mark registration is a legal process governed by statute and professional regulation. Stakeholders are expected to exercise due diligence and adhere to the framework prescribed under the Trade Marks Act, 1999 and allied laws.
This update is intended to provide general legal awareness regarding the contents of the Public Notice and does not address individual factual situations.