By Naraway
In this article
Burger King Corporation filed suit in 2011 against a restaurant in Pune called Burger King. The Pune restaurant had been serving under that name since the early 1990s. The US company registered its trademark in India in 2006 and opened its first Indian outlet years after that.
In 2024 the Pune trial court dismissed the suit, holding that the local eatery was a prior and honest user of the name. The Bombay High Court stayed that order; in early 2025 the Supreme Court stayed the High Court's restraint, and the Pune restaurant kept its sign while the appeal continues.
Early 1990s
Pune restaurant starts trading as Burger King.
2006
Burger King Corporation registers its trademark in India.
2011
Burger King Corporation sues the Pune restaurant.
2024 to 2025
Pune court dismisses the suit; Bombay High Court stays it; Supreme Court lets the eatery keep the name for now.
Sources: LiveLaw; Bar & Bench; Moneylife.
India's Trademark Register in Numbers
Applications rose 16% in a year. Examination has not kept pace: the Registry examined 156,403 applications in 2024-25, fewer than a third of those filed. Trademark registration in India is valid for ten years from the application date and renewable every ten years; Indian law also protects unregistered marks through passing off.
What the Case Shows About Indian Trademark Law
- First to use can beat first to file. Courts weigh honest, continuous prior use, even against a global registration.
- Territorial reputation matters. A brand famous abroad must show its reputation had reached Indian consumers when the local use began.
- Delay is costly. The Pune restaurant had traded for nearly two decades before it was sued.
Filing Routes for Brands Based Abroad
A foreign owner can file directly with the Trade Marks Registry, through an Indian agent, or designate India in an international application under the Madrid Protocol, which India joined in 2013. Searches for "brand registration in India" and "logo registration in India" refer to the same process: word marks and logos are registered separately, class by class.
Why Timing Matters More in India
With more than half a million applications a year, the chance that a similar mark is already filed, or in use without filing, is high in consumer categories. The register shows what is filed; the Pune case shows what the register can miss.
Part of Naraway's research series India Market Entry in 2026.
In short
India received 552,190 trademark applications in 2024-25, the highest on record, against 156,403 examined that year. A registration lasts ten years and is renewable every ten years, and foreign owners can file directly or designate India through the Madrid Protocol. Registration does not override earlier honest use: in 2024 a Pune court dismissed Burger King Corporation's 2011 suit against a Pune restaurant that had used the name since the early 1990s, before the US company registered its mark in India in 2006; the Supreme Court has let the restaurant keep using the name while appeals continue.
- 552,190 trademark applications in 2024-25, a record; 156,403 examined that year.
- Registration is valid for ten years and renewable every ten years.
- Prior honest use can defeat a later registration, as the Burger King Pune case shows.
- Burger King Corporation registered in India in 2006; the Pune eatery had used the name since the early 1990s.
- Foreign owners can designate India through the Madrid Protocol.
Sources
- India on the IP growth curve: highlights from the IP India Annual Report 2024-25, S.S. Rana & Co.
- US giant Burger King loses trademark infringement suit against Pune's iconic Burger King, LiveLaw
- Pune court crowns local fast food joint in Burger King trademark war, Bar & Bench
- Supreme Court allows Pune eatery to use Burger King for now, Moneylife
- India registers 5.5 lakh trade marks in FY25: Piyush Goyal, Free Press Journal
Frequently Asked Questions
How long is a trademark registration valid in India?
Ten years from the date of application, renewable for further periods of ten years.
Can a foreign brand register a trademark in India?
Yes, either by filing directly with the Trade Marks Registry or by designating India in an international application under the Madrid Protocol.
Does registration protect a brand against an earlier local user?
Not always. Indian courts protect prior honest use. In the Burger King case, a Pune court held that a local restaurant using the name since the early 1990s could continue, though Burger King Corporation registered its mark in India in 2006.
How many trademark applications does India receive?
552,190 in 2024-25, up from 476,089 the year before, according to the IP India annual report.
What is the status of the Burger King Pune case?
The Pune trial court dismissed Burger King Corporation's suit in 2024. The Bombay High Court stayed that order, and in early 2025 the Supreme Court allowed the Pune restaurant to keep using the name while the appeal continues.
