🛡️ Use of ‘Make in India’ Logo on Products: IPR Infringement & Inaction.

[YAGAY andSUN]

🛡️ Use of ‘Make in India’ Logo on Products: IPR Infringement & Inaction.

This is an important and timely topic—here’s a well-structured explanatory article on the infringement of the 'Make in India' logo and concerns regarding the lack of enforcement from the Government of India (GoI):

🔷 Introduction

Launched in 2014, the ‘Make in India’ initiative was a major government campaign aimed at transforming India into a global design and manufacturing hub. Its iconic lion logo, made up of cogs/gears, has become synonymous with India’s industrial ambitions.

However, over time, the unauthorized use of this logo by private entities on products and websites has led to growing concerns around Intellectual Property Rights (IPR) infringement—raising the question:

Why is the Government of India not taking stricter action against the misuse of the 'Make in India' logo?

📘 What is the Legal Status of the ‘Make in India’ Logo?

• The logo and wordmark ‘Make in India’ are registered trademarks under the Trade Marks Act, 1999.
• The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry owns the trademark.
• Use is governed by strict usage guidelines issued by DPIIT.

🚫 Infringement: What’s Happening?

Many manufacturers, traders, and even exporters are:

• Placing the Make in India logo on their packaging without approval.
• Using it in marketing material or websites to imply government endorsement.
• Selling products abroad under the logo without actual association with the scheme.

This creates consumer confusion, undermines trust, and may even damage India’s international trade reputation.

⚖️ Legal Implications of Unauthorized Use

Under Indian trademark law, such use can lead to:

• Cease and desist orders
• Financial penalties
• Civil and even criminal proceedings for wilful infringement

Despite this, enforcement remains weak, and many offenders go unchecked.

🧐 Why is GoI Not Taking Action?

Here are some probable reasons for the perceived inaction:

1. Lack of Monitoring Mechanism

• DPIIT does not currently have an active enforcement wing monitoring logo misuse.

2. Under-Reporting of Infringement

• Many cases go unreported as businesses and associations don't pursue formal complaints.

3. Ambiguity in Permitted Usage

• Some entities claim to use the logo under a belief that it promotes Indian origin, without realizing formal permission is required.

4. Prioritization Issues

• Legal enforcement of IPR may be seen as lower priority compared to broader manufacturing or export goals.

5. Global Enforcement Complexity

• Misuse of the logo overseas (especially in exports) poses jurisdictional hurdles.

💡 What Can Be Done?

✅ Suggested Actions for the Government:

1. Awareness Campaign:
   • Educate stakeholders (especially MSMEs and exporters) on the legitimate use of the logo.
2. Stricter Enforcement:
   • Task a dedicated DPIIT cell or legal wing to track and prosecute misuse.
3. Online Surveillance:
   • Use AI-based tools to monitor e-commerce and brand usage platforms.
4. Simplify Licensing:
   • Create a transparent and efficient licensing/permission portal for authorized logo usage.
5. Industry Collaboration:
   • Work with chambers of commerce and export councils to spread compliance norms.

🔍 Who Can Use the Logo Legally?

According to official DPIIT guidelines:

• Entities must apply for approval through DPIIT with specific details of use.
• The logo should not be modified or stylized.
• The logo should not imply government endorsement or partnership unless specifically granted.

🧾 Conclusion: Trust Begins with Authenticity

The Make in India logo represents a nation’s pride and ambition. Its misuse erodes brand credibility, leads to consumer deception, and dilutes the initiative’s power.

The Government must rise to the challenge—not with heavy-handed punishment, but with clarity, outreach, and accountability. After all, national campaigns succeed not just on slogans, but on trustworthy execution.

"Make in India must not become Fake in India."

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