Summary: Trademark protection in India generally applies only to the specific classes under which a mark is registered. However, exceptionally reputed brands like TATA, WIPRO, and AMUL enjoy cross-class protection under Section 11(2) of the Trade Marks Act, 1999. This means that their names cannot be used even for unrelated goods or services, as such use could mislead consumers or dilute their reputation. In a 2024 ruling, the Delhi High Court recognised “WIPRO” as a well-known trademark, noting its long-standing use, diverse business presence, and public recognition since the 1970s. Similar protection extends to brands such as RELIANCE, GODREJ, and INFOSYS. For ordinary businesses, protection remains class-specific unless the mark attains significant public recognition. Businesses are advised to file in relevant classes, monitor misuse, and seek “well-known” status under Rule 124 of the Trade Marks Rules, 2017, to strengthen their brand protection.
Introduction
Many businesses believe that once a trademark is registered, their brand name is fully protected. In practice, that’s not always true — trademark protection usually applies only to the specific class of goods or services you’ve registered under.
But what happens when a brand becomes so famous that no one should use its name, even for an entirely different product or service? That’s where the concept of cross-class protection comes in.
How Trademark Classes Work
The Indian Trademark system follows the Nice Classification, which divides all goods and services into 45 different classes. For example:
- Class 36 covers real estate and financial services,
- Class 37 covers construction and building services,
- Class 25 covers clothing, and so on.
When a company registers its brand, it chooses the classes relevant to its business. The protection applies only within those classes. So, a construction company’s trademark doesn’t automatically protect it from someone using the same name for clothing or cosmetics.
When a Trademark Crosses Boundaries
In certain cases, some brands become so well known that their reputation extends beyond their own sector. The law recognises this by giving them cross-class protection — meaning no one can use a similar or identical mark, even in completely unrelated industries.
This principle is based on Section 11(2) of the Trade Marks Act, 1999, which says that a “well-known trademark” is protected even for dissimilar goods or services if its use would suggest a connection with the original owner or damage their reputation.
Recent Example – The WIPRO Case
A good example of this principle in action came from a Delhi High Court judgment in 2024, where the court declared “WIPRO” as a well-known trademark.
Wipro, though primarily known as an IT and technology company, has used its name for decades across various businesses — including consumer goods, lighting, and industrial solutions.
The company produced evidence of:
- Consistent use of the brand since the 1970s,
- Trademark registrations in multiple classes and countries,
- High turnover and advertising expenditure, and
- Strong recognition among the public.
The Court agreed that “WIPRO” had achieved such widespread reputation that allowing anyone else to use that name — even for unrelated goods — would mislead the public and harm Wipro’s goodwill.
Other Brands with Cross-Class Protection
The same principle applies to many other Indian brands that have built a strong identity:
- TATA – Associated with trust and quality across sectors from automobiles to hospitality.
- AMUL – Originally dairy, now recognised across food products.
- RELIANCE, GODREJ, and INFOSYS – All enjoy similar protection.
These brands don’t have to register in every possible class to stop misuse — their reputation itself acts as a legal shield.
When Cross-Class Protection Doesn’t Apply
For ordinary or emerging businesses, trademark protection remains class-specific.
For example, a local brand registered for construction services (Class 37) can’t automatically stop someone using a similar name for garments (Class 25), unless it proves:
- The mark has strong recognition beyond its industry, and
- The other party’s use is misleading or deceptive.
Cross-class protection isn’t automatic; it’s earned through reputation and consistent use.
Practical Guidance for Businesses
- File in the right classes: Before applying, list all your business activities and future plans.
- Conduct a thorough trademark search: Avoid marks similar to existing or well-known brands.
- Build goodwill: Continuous and visible use of a mark strengthens your rights.
- Monitor misuse: Keep an eye on new filings or market usage that may infringe your mark.
- Apply for “Well-Known” status: Once your brand gains wide recognition, you can request official recognition under Rule 124 of the Trade Marks Rules, 2017.
Conclusion
Cross-class protection is a reminder that a brand’s reputation can outgrow its registration boundaries. For well-known marks like WIPRO or TATA, the name itself is enough to stop imitation in any field. For growing businesses, the takeaway is simple — register early, use consistently, and protect your brand as it grows.
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About the Authors: Hanchate Rama Prasada Rao is a finance and taxation professional with practical experience in handling direct tax appeal matters before the Commissioner of Income Tax (Appeals) [CIT(A)]. Rachamadugu Nitheesh Kumar is a CA Final student with hands-on exposure to income-tax representation and appellate procedures. The authors regularly write on subjects relating to income-tax interpretation, appeals, and corporate law. They can be reached at lifelonglearners777@gmail.com.
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