When Brand Meets Brick: Trademark Rights, Real Estate Branding, And The Geography Of Monopoly In India
- IJLLR Journal
- 2 days ago
- 1 min read
B. Kanshi Prakash, LL.B., School of Law, Vels Institute of Science, Technology and Advanced Studies (VISTAS), Chennai
Mrs. K. Nakshatra, Assistant Professor, School of Law, VISTAS
ABSTRACT
India's real estate sector has become one of the most active arenas for trademark disputes in recent decades. As developers compete for brand equity, they increasingly appropriate established names — from heritage hotel brands to public landmark designations — to market their projects. This article examines the legal tension that arises when trademark law and property law intersect in real estate branding. Drawing on the Trade Marks Act, 1999, the Consumer Protection Act, 2019, and the Real Estate (Regulation and Development) Act, 2016 (RERA), it analyses the judicial approach to geographical name monopolisation, the legal complexities of brand licensing in real estate, and the consumer protection consequences of misleading brand association. The article argues that Section 9(1)(b) of the Trade Marks Act provides a sound doctrinal foundation against geographical monopolisation, but that significant regulatory gaps persist — particularly in the area of licensed brand deployment, post-licensing residual rights, and disclosure obligations under RERA. The article concludes with targeted suggestions for reform.
Keywords: Trademark law, real estate branding, geographical indication, brand licensing, Section 9(1)(b), RERA, Trade Marks Act 1999, consumer protection, India.
