Legal Consequences and Penalty for using “Make in India Logo” without seeking Permission from DPIIT.

[YAGAY andSUN]

Using the "Make in India" logo without proper authorization or permission from the Department for Promotion of Industry and Internal Trade (DPIIT) can lead to legal consequences. The Make in India logo is a trademark that is protected under Indian law, and unauthorized use of it can be considered a violation of trademark laws, which may result in penalties or other legal actions.

Key Consequences for Unauthorized Use:

1. Legal Penalties:
   • The Trademark Act, 1999 governs the protection and use of trademarks in India. Unauthorized use of the Make in India logo could result in a violation of trademark law.
   • Under this Act, a person using a registered trademark (like the Make in India logo) without permission could face penalties, including fines and potentially imprisonment in severe cases.
2. Cease and Desist Orders:
   • The DPIIT can issue a cease and desist order, instructing the offending party to stop using the logo immediately. Failure to comply with such an order could result in further legal action.
3. Civil Liability:
   • A person or company found in violation of the trademark laws may be liable for damages in a civil court, including the payment of compensation to the Government or the owner of the logo (in this case, the DPIIT).
4. Criminal Action:
   • In cases where the unauthorized use of the logo is deemed willful or fraudulent, criminal action can be initiated, which may result in fines or imprisonment as per the provisions of the Trademark Act.
5. Suspension or Revocation of Business Licenses:
   • If the infringement is deemed significant or damaging to public policy or the Government's initiatives, it could lead to the suspension or revocation of business licenses or permits.

How to Properly Use the Make in India Logo:

To legally use the Make in India logo, an entity must seek prior approval from the DPIIT, which is the Government body responsible for promoting the "Make in India" initiative. The following steps are generally involved in obtaining permission:

1. Application Submission: Businesses need to apply to the DPIIT for permission to use the logo. The application should outline how the company or product aligns with the Make in India initiative.
2. Compliance with Guidelines: The business must comply with the specific guidelines provided by DPIIT for using the logo. This could include demonstrating that the product or service is manufactured in India and aligns with the initiative’s objectives.
3. Approval: Upon review, DPIIT will either grant or deny permission based on the criteria set for the program. Only entities that meet these criteria are granted the right to use the logo.

In summary, the Make in India logo is a valuable intellectual property of Government of India and using it without permission from DPIIT can lead to serious legal and financial consequences. To avoid these issues, it is important for businesses to follow the legal process and obtain official approval before using the logo.