Can You Use the Map of India in a Trademark or Logo?
Introduction To Use Of Map Of India In A Trademark
When building a brand identity, many Indian businesses wish to reflect their Indian origin and patriotism. One of the most powerful visual symbols is the map of India—instantly recognisable and emotionally resonant.
But a critical legal question arises:
Is it legally permissible to use the map of India in a trademark or logo?
The answer is not a simple yes or no. Indian trademark law treats national symbols with great sensitivity. This guide explains the legal position, key case laws, practical risks, and safer alternatives to help you make an informed branding decision.
Legal Restrictions on Using the Map of India
- Emblems and Names (Prevention of Improper Use) Act, 1950
This Act restricts the commercial use of certain national names and emblems.
The official map of India, particularly one showing territorial boundaries, is considered a restricted representation.
👉 Using such a map in a trademark without permission can result in:
- Objection by the Trademark Registry
- Rejection of the application
- Possible legal consequences
- Trade Marks Act, 1999 – Section 9(2)(d)
Under Section 9(2)(d), a trademark cannot be registered if:
- Its use is prohibited by law, or
- It is likely to offend public sentiments or create confusion
Since the map of India is closely linked to national identity and sovereignty, the Registry often raises objections when it appears in logos or device marks.
- Role of the Survey of India
The Survey of India is the statutory authority controlling the use and reproduction of Indian maps.
If your logo includes:
- A detailed map
- Accurate boundaries
- Recognisable cartographic elements
👉 Prior permission from the Survey of India may be required.
Important Case Laws & Registry Decisions
✅ Case 1: Jindal Industries Pvt. Ltd. v. Registrar of Trade Marks
- The trademark included an outline of India
- The Registrar initially rejected the application
- The Delhi High Court allowed registration, holding that:
- A stylised outline, without misleading representation,
- Does not automatically qualify as a prohibited emblem
🔑 Key takeaway: Abstract or stylised outlines may be permissible if they do not suggest official authority or misuse national identity.
✅ Case 2: RAAZ… MASALA Logo (Registered)
- The logo featured a globe with India depicted inside
- The Registry accepted the mark because:
- The map was creatively integrated
- There was no misuse of national symbols
🔑 Key takeaway: Context, presentation, and creativity matter.
❌ Case 3: India Map with Lion (Objected)
- A security services firm used:
- The map of India
- Along with a lion’s face
- The Registry objected, likely due to:
- Symbolic resemblance to the National Emblem
❌ Case 4: Hand with India Map (Refused)
- A charitable trust used a hand with the map of India
- The mark was refused as it:
- Created an impression of government or national endorsement
Key Legal Learnings
From Registry practice and case law, the following principles emerge:
- ❌ Exact maps with boundaries are usually rejected
- ⚠️ Stylised or abstract outlines may be accepted with caution
- ❌ Combining the map with Ashoka Chakra, Lion Capital, Tricolour, etc. increases objections
- ⚠️ Even registered marks may face opposition or cancellation if they strongly evoke national authority
Safer Alternatives to Show Indian Identity
If your goal is to highlight your Indian roots without legal risk, consider these options:
✔ 1. Abstract India Silhouette
Use a creative or distorted outline, not a cartographically accurate map.
✔ 2. Cultural & Heritage Symbols
Incorporate elements like:
- Peacock feathers
- Indian motifs & patterns
- Architecture-inspired designs
✔ 3. Tricolour Theme (Carefully)
You may use saffron, white, and green, but:
- Do not replicate the national flag
- Avoid flag-like arrangements
✔ 4. Word-Based Branding
Use words like:
- India, Bharat, Desi, Indic, Hind
This is often legally safer and easier to protect.
Final Word: Proceed with Caution
Using the map of India in a trademark is a legally sensitive area. While courts have allowed creative and non-misleading representations, direct or official depictions often face rejection.
Best Practices Before Filing:
- ✔ Consult a trademark professional
- ✔ Avoid exact or official maps
- ✔ Seek Survey of India permission if necessary
- ✔ Explore creative alternatives to express Indian identity
Frequently Asked Questions (FAQs)
No. The official map with boundaries is prohibited unless special permission is obtained.
A stylised outline may be accepted, as seen in the Jindal Industries case, but objections are still possible.
Yes. In many cases, permission from the Survey of India is required.
Yes, provided it does not replicate the national flag or suggest official authority.
You may file a reply, but if the objection is based on prohibited use, chances of refusal remain high.
