Introduction
Nowadays, especially in India, it has become quite the trend to start posting content online and become an influencer. When everyone aspires to be an influencer, there is a need to protect their brand as well. Many influencers face the challenge of stolen content, i.e., other ‘influencers’ trying to copy the content or their style, causing confusion among the viewers. Influencers spend time and effort creating content suitable to their style and audience, creating a brand identity for themselves. Their hard work must not go to waste by others profiting from it.
In this situation, trademarks come in handy not just as a legal formality but as a tool to safeguard the influencer’s identity. Trademarks offer legal protection against unauthorized use of the unique brand established by the influencer. Influencers can trademark various elements such as brand, which includes channel names, logos, or taglines—as long as these elements are used for commercial purposes. [1]
In India, the Trademarks Act, 1999, creates the foundation for the registration of trademarks. The provisions of this act help protect the IP of the influencers by allowing them to take legal action against the party that infringed their rights. Along with this act, the guidelines introduced by the Advertising Standard Council of India (ASCI) monitor influencer endorsements, ensuring that their transparency and credibility are maintained. [2]
Trademark and Its Relevance to Social Media Influencers
Trademarks are marks, logos, or names under which a business is undertaken for a product or a service—for which the manufacturers or service providers are identified. Influencers are people who can influence the public’s purchasing decisions through social media by promoting such products and services to their followers. Their online presence also makes it attractive for advertisers to advertise their products through them. The engaging and accessible nature of social media makes it necessary for social media influencers to protect their trademark and other IP rights. To understand the relevance of trademarks and social media influencers, we need to first understand how trademarks help establish a unique brand identity that distinguishes them from other creators on social media. The brand names and logos that influencers build independently from scratch are protected from unauthorized use by registering those trademarks. By such a registration it provides a legal ground for the social media influencers to file a suit or take other actions against the party who illegally used their trademarks. Other than legal protection, trademarks also add commercial value, meaning that the influencers can profit from endorsing their brands and promoting their merchandise. As already discussed, the Trademarks Act, of 1999, provides the legal framework for the registration of trademarks as well as enforcing them to protect influencers from dilution. Influencers, other than focusing solely on protecting their trademark, must also ensure they don’t use other influencers’ trademarks without prior permission. [3]
Some examples of Indian influencers who’ve registered their trademarks successfully are Prajakta Koli and Bhuvan Bam. The YouTube channel MostlySane, started by Prajakta Koli, has gained popularity over time and has developed a merchandising collection of clothing, which includes catchphrases used in her channel, such as ‘Namaste Doston’ on the T-shirts. Bhuvan Bam, also a YouTuber, has gained popularity over time through his channel BB Ki Vines. He has also developed a merchandise collection of clothing featuring different characters that have appeared on his channel, such as ‘Bancho. ’ [4]
Both of these influencers registered their trademarks, respectively showing how protecting their trademarks poses great significance in the digital world.
The Need for Legal Protection for Influencers
India, being the second largest internet audience in platforms such as Instagram, Facebook, YouTube, etc., has witnessed remarkable user engagement. The extensive use of social media has given rise to continuously multiplying social media influencers. These digital creators, through creative content, engage their followers with marketing campaigns for brands, making them a valuable asset for businesses to reach a larger audience. The influencer industry, although evolving rapidly, still faces a lot of legal uncertainties regarding the IP rights of the influencers as well as labor regulations. The main issue is that influencers work in an informal environment and are often exposed to exploitation and unauthorized use of their content. [5]
While India’s dynamic social media landscape has helped in the growth of social media influencers, it has also highlighted the pressing concerns for them. They play a significant role in digital marketing and, hence, require proper legal protection just like any other individual.
Challenges in Trademark Protection for Influencers in India
1. User-generated content & Dilution Risk:
Content is allowed to be shared rapidly on social media platforms, generally without the original trademark owner’s control over it. Influencers who rely on user-generated content may unknowingly or knowingly contribute to trademark dilution by using it through memes and parodies. Even if there was a lack of malicious intent, there is a higher chance it can damage the reputation of a trademark. Upon this, the legal framework in India doesn’t specifically deal with memes, parodies, and content of such nature, which leaves the trademark owners with a limited legal remedy.
2. Difficulty in Proving:
Another main challenge for influencers is the difficulty of proving that their trademark has been diluted. They are supposed to prove that their trademark’s distinctiveness or reputation has been harmed. Indian Courts have struggled on this basis to apply trademark rules and principles to social media’s dynamic nature.
3. Cross-Jurisdictional Issues:
We know social media platforms are accessible globally, which makes it difficult to secure or enforce their trademark in different jurisdictions. In particular, influencers who have a large global audience may face issues while protecting their trademark in countries with a weaker (trademark) legal system. There is a need for international cooperation to address such cross-border issues.
4. Lack of Awareness:
Many social media influencers are not aware of their IP rights and the legal implications in case of unauthorized use. Unintentional usage of a trademark resulting in dilution and loss of reputation can cause major problems to influencers who lack knowledge regarding it. There is a need to increase the awareness and education regarding the unintentional misuse of trademarks in social media.
5. Legal Re-course:
Section 29(4) of the Trademarks Act, 1999, provides legal protection in case of trademark dilution (arresting). But enforcing such provisions in the dynamic digital environment has proven to be challenging to influencers. It is indeed difficult to enforce these provisions in foreign jurisdictions and in complex situations like parodies. [6]
Conclusion:
“Trademarking isn’t greed, its grit. You built it; don’t let someone else wreck it.” In an ever-expanding digital realm, originality battles limitations every single day. Trademarks are not considered just paperwork or just a legal formality; rather, they’re shields for influencers to protect and guard the work they’ve built and profit from their clout. Imagine, when someone locks (steals) your style or brand, a trademark is the key to fighting back for what’s rightfully yours, keeping your hard-earned identity from becoming someone else’s shortcut. While India recognizes influencers and their potential, the legal framework here turns out to be cumbersome and inefficient in addressing their concerns. Costs pile up, rules twist up, and many influencers don’t even know where to start. Simplifying registrations, slashing unnecessary fees, and hammering home IP smarts early so that newbies do not get played—can maybe fix this. Platforms and policymakers need to team up, too, because memes and global copycats won’t wait. The bottom line is that your brand is worth more than just viral moments; it is your voice. Lock it down or risk fading into the noise.
[1] Vidhi Agrawal & Mohit Porwal, “Trademark and Social Media Influencers”, Mondaq (November 18, 2024) accessed on 27 February 2025 <https://www.mondaq.com/india/trademark/1545796/trademark-and-social-media-influencers>
[2] Tanu Banerjee & Akriti Sirsalewala, “How India Regulates Its Social Media Influencers”, ET BrandEquity (November 1, 2024) accessed 27 February 2025 <https://brandequity.economictimes.indiatimes.com/news/digital/how-india-regulates-its-social-media-influencers/114822510>
[3] Banashree Roy, Nisha Sharma, “Understanding Trademarks and Their Relevance to Social Media Influencers”, NLUA JIPR (2) (1) accessed on 28 February 2025 <https://nluassam.ac.in/docs/Journals/IPR/vol2-issue-1/2.pdf>
[4] Ayushi,“9 Indian Influencers Who Successfully Run Their Own Brand”, Qikink, accessed 28 February 2025 <https://qikink.com/blog/9-indian-influencers-who-successfully-run-their-own-brand/>
[5] Malcolm Katrak & Shardool Kulkarni, “The Regulation of Influencer Labour in India: Situating a Novel Form of Labour Amidst Colonial Continuities of Informality”, ResearchGate (January, 2025) accessed on 1 March 2025 <https://www.researchgate.net/publication/388223032_The_regulation_of_influencer_labour_in_India_Situating_a_novel_form_of_labour_amidst_colonial_continuities_of_informality>
[6] Arunima Anand, & Dr. Vinit Kumar Sharma, “The Need for Legal Protection for Influencers in India”, Int’l J. of Recent Progress & Research (5) (10) (October, 2024) accessed on 1 March 2025 <https://ijrpr.com/uploads/V5ISSUE10/IJRPR34361.pdf>
This article has been written by Aishwarya MD. For any other queries, reach out to us at: queries.ylcc@gmail.com
