🛡️ Policy Brief & Legal Article: Preventing Misuse of the ‘Make in India’ Logo – Protecting National Intellectual Property

[YAGAY andSUN]

🛡️ Policy Brief & Legal Article: Preventing Misuse of the ‘Make in India’ Logo – Protecting National Intellectual Property

Here is the formal policy recommendation and legal article titled:

Issued for:

Trade Forums, Export Councils, Legal Advocacy Platforms, and MSME Stakeholders

📌 Executive Summary

The ‘Make in India’ campaign, launched in 2014, is a cornerstone of India's economic vision to enhance manufacturing capabilities and attract global investment. Its emblem—the gear-lion logo—has become a powerful symbol of Indian industrial aspiration. However, the widespread misuse of this registered trademark by private entities has raised serious intellectual property rights (IPR) concerns.

This policy paper examines the legal status, instances of misuse, enforcement gaps, and provides a clear roadmap for rectification and reform.

🧾 Legal Framework: Ownership and Usage Rights

• The 'Make in India' logo and wordmark are registered under the Trade Marks Act, 1999.
• Owned and governed by the Department for Promotion of Industry and Internal Trade (DPIIT).
• Use of the logo is permissible only upon formal approval and under strict branding guidelines.

⚠️ Issue: Unauthorized Use of the ‘Make in India’ Logo

❌ Common Misuses:

• Display on product packaging to falsely claim government endorsement.
• Use on export consignments or e-commerce platforms.
• Inclusion in business advertising materials or websites without approval.

Such use violates:

• Section 29 of the Trade Marks Act (Infringement of a Registered Mark).
• Section 103/104 (False representation and misuse of trademark).
• Misrepresentation under the Consumer Protection Act (2019).

🔍 Key Concerns

1. Dilution of Government Branding:
   • Unregulated usage weakens the credibility and visual identity of a flagship initiative.
2. Consumer Misleading:
   • Suggests government approval or affiliation where none exists.
3. Trade Risks:
   • Can lead to rejection of consignments, penalties abroad, or damaged diplomatic branding.
4. Absence of Enforcement:
   • Lack of a proactive mechanism within DPIIT to monitor, trace, and penalize unauthorized usage.

📊 Ground-Level Reality

Factor	Observation
Awareness among MSMEs	Low
DPIIT enforcement wing	Currently inactive or underpowered
Prosecution or penalties	Virtually absent in known cases
Certification or usage process	Not easily accessible or digitized

✅ Policy Recommendations

1. Establish a DPIIT Enforcement Cell

• Dedicated team to monitor misuse, conduct audits, and issue legal notices.
• AI/tech-enabled tracking of brand misuse across digital channels.

2. Launch an Awareness Campaign

• Promote correct usage guidelines for industry bodies, exporters, startups, and MSMEs.

3. Simplify Approval Process

• Set up an online portal for businesses to request permission for logo usage with clear parameters.

4. Legal Action Against Repeat Offenders

• Issue cease & desist notices.
• Publish a list of violators for transparency.
• Initiate civil proceedings in appropriate courts to set precedent.

5. Co-opt Industry Associations

• Trade forums like FICCI, ASSOCHAM, and CII can disseminate guidelines and report misuse to DPIIT.

📌 Suggested Model Clause for Official Use in Guidelines:

“The use of the 'Make in India' wordmark and/or lion logo without prior written approval from DPIIT constitutes a violation of the Trade Marks Act, 1999. Unauthorized use may invite legal consequences under civil and criminal statutes.”

🧭 Conclusion: Restore Integrity, Reinforce Vision

The Make in India logo is not just a brand—it's a national asset. Allowing unauthorized use undermines not only legal standards but also India’s global reputation in manufacturing and trade.

The government must take this matter seriously by coupling legal enforcement with outreach, thereby protecting its intellectual property and ensuring legitimacy in branding.

The world respects a nation that respects its own standards. Let’s protect what we’ve built.