Beyond Boundaries: How Section 29(4) Protects Trademarks with Reputation

Thwalhath Abdurahman
Senior Associate, Legal

06-Sep-2025

When we think of trademark infringement, most people imagine two businesses selling the same kind of product under confusingly similar names. But the Trade Marks Act, 1999 goes further. Section 29(4) gives a special edge to trademark owners: if your mark has reputation in India, you can stop others from using it—even in completely unrelated businesses.

“In trademark law, reputation travels beyond industry lines.”

This provision is simple but powerful. If someone uses a mark that is identical or similar to yours, for dissimilar goods or services, and your mark enjoys reputation in India, that use amounts to infringement if it unfairly rides on your goodwill or harms the distinctive character of your brand. In short, reputation itself becomes the shield.

It is also important to note that your trademark need not be declared as a “well-known mark.” The law only requires proof that your mark has reputation in India—a recognition in the minds of the public, sufficient to be exploited or harmed by unauthorized use.

“Section 29(4) turns reputation into a legal shield.”

Why does this matter? Because strong brands risk dilution when their names are borrowed outside their own industry. Think of “Mercedes” on undergarments or “TATA” on unrelated local shops. Even if no consumer confuses the two, the law recognises that the very prestige of a reputed mark can be damaged—or unfairly exploited—by such use.

“Dilution is as dangerous as deception—and the law knows it.”

Indian courts have backed this approach. From Daimler Benz v. Hybo Hindustan (1994) to Tata Sons v. Manoj Dodia (2011), the message is clear: once a trademark has reputation in India, it deserves protection beyond the boundaries of its own trade.

“If your mark has reputation in India, no one can borrow it—even in a different business.”

Section 29(4) is, therefore, a game-changer. It ensures that years of investment in building reputation are not diluted by opportunistic imitators. For brand owners, it is a powerful safeguard. For everyone else, it is a reminder—when a trademark has reputation in India, imitation is not an option, no matter the industry.

“Imitation is not an option when a brand carries reputation."

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