Why Certain Corporates are using "Make in India Logo" on their Products' Packing Materials - Whereas such depiction on Products is not allowed?

[YAGAY andSUN]

The "Make in India" logo is a symbol designed to promote products that are manufactured in India and is part of a government-led initiative to encourage domestic manufacturing and investment. However, its use is not universally permitted, and there are specific guidelines that dictate how and when the logo can be displayed on products and packaging.

Why Certain Corporates Use the Logo Improperly

Despite the strict guidelines, some corporates may use the "Make in India" logo on their products' packaging for several reasons, including:

1. Misunderstanding or Misinterpretation of Guidelines:
   • Some companies may not be fully aware of the legal requirements and guidelines for using the logo. They may assume that if their product is made in India, they are automatically entitled to use the logo, even if they haven’t received the necessary approval from the Department for Promotion of Industry and Internal Trade (DPIIT).
   • There may also be confusion regarding which specific type of product, service, or sector qualifies for using the logo.
2. Intention to Gain a Marketing Advantage:
   • The "Make in India" logo is widely recognized and associated with national pride, quality, and support for the Indian economy. Companies may use it to market their products more effectively, hoping that consumers will view them more favorably because of their association with the initiative.
   • This use can be seen as an attempt to attract attention and leverage the government’s initiative for brand visibility, without seeking permission from the DPIIT.
3. Lack of Enforcement:
   • In some cases, there might be limited enforcement or oversight of improper logo usage, especially if companies are not in the public eye or if the misuse goes unnoticed by authorities. In the absence of active monitoring, companies may exploit this gap to use the logo illegally.
4. False Representation:
   • Some companies might falsely claim to be part of the Make in India initiative by displaying the logo, even though their products don’t meet the required criteria. This is often done to mislead consumers into thinking that the products are more "Indian" or support local manufacturing when they don’t actually align with the official standards.

Guidelines for Using the "Make in India" Logo

The "Make in India" logo is not freely available for use by any company that manufactures products in India. There are specific rules and regulations, including:

1. Approval from DPIIT:
   • Companies must receive explicit permission from the Department for Promotion of Industry and Internal Trade (DPIIT) to use the logo. This permission is granted only if the product meets the criteria set out by the government, which includes being manufactured in India.
2. Restrictions on Display:
   • The logo is typically reserved for promotional materials or marketing campaigns that directly align with the Make in India campaign, not for generic use on every product.
   • It can be used to promote the initiative, but it is not allowed to be printed on product packaging unless the product has received formal approval.
3. Brand Integrity:
   • The DPIIT oversees the integrity of the Make in India logo and ensures it is only used by businesses that adhere to the established guidelines. Unauthorized use of the logo can damage the credibility of the initiative and lead to confusion among consumers.

Legal and Reputational Risks for Corporates

Companies that use the Make in India logo without proper authorization face several risks:

1. Legal Action:
   • The DPIIT can take legal action against companies that use the logo without permission. This can include cease-and-desist orders, penalties, and even prosecution in severe cases.
2. Reputational Damage:
   • If consumers or stakeholders learn that a company is misusing the Make in India logo, it can lead to significant reputational damage. Brands associated with deceptive practices or misuse of government symbols may face public backlash.
3. Financial Penalties:
   • Unauthorized use of the logo can lead to monetary penalties and, in some cases, the revocation of business licenses or other permissions, depending on the severity of the violation.

Conclusion

The "Make in India" logo is a powerful tool designed to promote the manufacturing sector in India, but its misuse on products or packaging without proper authorization can lead to serious legal and reputational consequences. Corporates using the logo without seeking permission from DPIIT are violating intellectual property laws, potentially misleading consumers and damaging the credibility of the initiative. For businesses wishing to use the logo, it's essential to follow the guidelines and seek proper approval to avoid legal ramifications and maintain brand integrity.