The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) has issued a significant Public Notice dated 7th January 2026, cautioning the public against misleading and illegal advertising practices adopted by certain online platforms and service providers offering trademark registration services in India.
This notice has been issued in the larger public interest, particularly to safeguard startups, entrepreneurs, brand owners, and businesses who may unknowingly engage unauthorised entities for trademark-related work.
Background and Nature of the Issue
In recent years, there has been a sharp rise in online platforms advertising trademark registration services through aggressive marketing strategies. Many such advertisements claim:
“Guaranteed” or “assured” trademark registration
Extremely fast or “instant” registrations
End-to-end legal services without clearly disclosing qualifications
The Public Notice highlights that several of these representations are misleading and may give a false impression to the public regarding the legal validity and reliability of such services.
Importantly, the CGPDTM clarifies that mere facilitation of online filing does not confer any right to provide legal advice or represent clients before the Trademark Registry.
Legal Position Under Indian Law
The Public Notice reiterates the statutory framework governing trademark practice in India.
Under the Trade Marks Act, 1999, read with the Advocates Act, 1961, only the following persons are legally authorised to act and appear before the Registrar of Trade Marks:
1. Advocates enrolled under the Advocates Act, 1961
2. Registered Trademark Agents whose names are entered in the official Register of Trademark Agents
Any individual or entity outside this framework offering legal advice, representation, or soliciting trademark-related legal work may be engaging in unauthorised practice of law, which is impermissible under Indian law.
Risks of Engaging Unauthorised Service Providers
Brand owners and applicants who rely on misleading platforms may face serious consequences, including:
1. Improper filing of trademark applications
2. Missed deadlines and examination responses
3. Weak or defective trademark prosecution
4. Loss of statutory rights due to procedural lapses
5. No legal accountability in case of disputes or oppositions
Trademark registration is not a mere clerical process; it involves legal strategy, classification analysis, examination replies, hearings, and enforcement considerations, all of which require professional legal expertise.
Key Takeaways for Businesses and Brand Owners
The CGPDTM’s Public Notice serves as a reminder for all stakeholders to exercise due diligence before engaging any trademark service provider. Businesses should:
1. Verify whether the service provider is a registered Trademark Agent or an Advocate
2. Be cautious of unrealistic promises such as guaranteed registration
3. Ensure transparency regarding qualifications and scope of services
4. Seek lawful, ethical, and professional IP assistance
Our Perspective at Brainiac IP Solutions
At Brainiac IP Solutions, we strongly welcome this Public Notice as a step towards promoting ethical IP practice, transparency, and legal compliance in the intellectual property ecosystem.
We believe that informed brand owners are better protected brand owners. Trademark protection is a long-term legal asset, and it deserves to be handled with diligence, expertise, and accountability.
If you are seeking guidance on trademark registration, prosecution, enforcement, or strategy, always ensure you are working with qualified and authorised professionals.
For further details, readers are encouraged to refer to the official Public Notice issued by IP India available at :https://ipindia.gov.in/uploads/7e14c707-4fb5-48c7-9748-05934c4a4a00_Public%20Notice%20Misleading%20and%20Illegal%20Advertising.pdf
