In a significant regulatory action to defend the integrity of India’s intellectual property (IP) ecosystem, the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) has issued a severe public alert against digital sites that illegally solicit trademark registration activity.
The notice, issued earlier this week, takes “serious note” of firms that use aggressive digital marketing to guarantee “assured” or “end-to-end” trademark services, frequently violating legal professional requirements.
Digital Solicitation Under Fire
The CGPDTM discovered that some online platforms are actively reaching out to potential applicants, including individuals who are already represented by legal counsel. By promising “guaranteed” results through digital marketing and direct outreach, these platforms have created the false sense of governmental approval.The IP Office highlighted that, while the filing procedure has been computerized for public convenience, the underlying activities—such as legal advice, representation, and procedural compliance—represent the profession of law.
Violation of Professional Acts
The guidance emphasizes a direct conflict with two major rules governing professional behavior in India:
The Advocates Act of 1961: Expressly prohibits legal professionals and corporations from promoting or seeking work.
The Trade Marks Act of 1999: Only Enrolled Advocates or Registered Trademark Agents are legally authorized to counsel or represent clients before the Registrar.”Such activities are in direct contravention of the provisions of the law,” the notice noted, noting that many of the businesses hosting these internet portals do not belong into either authorized category.
A Warning to Stakeholders
The CGPDTM stressed that the existence of an online filing portal does not entitle nonprofessionals to provide legal services. The office warned that these improper methods not only undermine the regulatory system, but also expose applicants to substandard legal representation or procedural rejections.
In the greater public interest, the authority has asked all stakeholders to check the qualifications of their service providers. Applicants are recommended to work only with certified professionals to guarantee that their intellectual property is managed responsibly and in accordance with legislative requirements.
