Introduction
The creation of a successful brand demands a substantial investment of effort, including considerable time, financial resources, and creative acumen. Hence, when a brand attains a well-established reputation, earning the trust and recognition of its target customers and the relevant market, its owners seek to leverage this reputation by cultivating sub-brands or an entire family of brands under the umbrella of the popular parent brand. This strategic maneuver enables the parent brand to build a relationship with a loyal segment of its existing customer base, attract new customers, and expand into fresh, profitable revenue streams. Indian trademark law acknowledges the significance of sub-branding and the formation of brand families, incorporating specific provisions pertaining to associated and series trademarks, thereby safeguarding the interests of proprietors of parent brands.
'Associated trademark' refers to a mark that can be 'associated' or 'joined' to another mark. The marks are owned by the same proprietor in respect of identical or similar goods and services, which would otherwise be likely to deceive or cause confusion if used by a person other than the proprietor. These marks are entered on the register as associated with the earlier registered trademarks in order to prevent the existence of multiple rights in the market.
For
instance, 'APPLE' with the logo 
started its business by selling computers and
later expanded its business to other consumer electronics like iPhones, iPods, iPads, Apple Watchand
other such goods. Another example of an associated mark can be outlined by the
famous "Swiggy Genie" and "Swiggy Instamart". They are both
different kinds of services being provided by
Swiggy 
; however, the main
word "Swiggy" is present
in both the services, and it would help consumers identify these products with
the brand and prevent any likelihood of confusion.
Provisions under Trademarks Act, 1999
Section 2(1)(c) of the Trade Marks Act, 1999 ("Act"), defines the term "associated trademarks" as "trademarks deemed to be, or required to be, registered as associated trademarks under this Act."
The Act has been incorporated with a series of provisions dealing with the associated marks involving Section 2(3), which puts emphasis on the associated mark, articulating that "for the purpose of this Act, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business and so with the description of goods and the description of services". Furthermore, the Registrar is vested with the power to associate trademarks on his own accord, provided all the conditions outlined under Section 16 of the Act are duly satisfied. These conditions are as follows:
In accordance with Section 55 of the Act, to establish use of a trademark, the tribunal may accept the use of an associated trademark or use of a trademark with additions or alterations not substantially affecting its identity. So, where a person has been granted an associated trademark for different trademark classes of goods, his sincere usage of the trademark in one class would automatically mean that he has been using it in the remaining classes as well.
Relevant Rules of Trademark Rules 2017
Rule 54 of the Trademark Rules 2017 deals with associated trademarks and states that "Where a trademark is registered as associated with any other trademarks, the Registrar shall note in the register in connection with the first-mentioned trademark the registration numbers of the trademarks with which it is associated and shall also note in the register in connection with each of the associated trademarks the registration number of the first-mentioned trademark as being a trademark associated therewith. An application under sub-section (5) of section 16 to dissolve the association as respects any of the trademarks registered as associated trademarks shall be made in Form TM-P and shall include a statement of the grounds of the application."
Registration of Associated Trademark
At the time of filing a trademark application for trademark registration through Form TM-A, the applicant or their authorized agent may expressly indicate a desire to have the application associated with any previously registered trademarks. In case the Registrar determines that the applied mark bears resemblance to an existing one, he shall consider their registration as associated trademarks.
In the event the Applicant does not explicitly request the association of similar marks in their trademark application, the examiner may recommend such an association in the examination report. In such a case, the applicant is required to amend the application by submitting Form TM-M, which declares their intention to associate with the other trademark.
Court's stance on Associated Trademark
In the case Foodlink F and B Holdings India Private Ltd v. Wow Momo Foods Private Limited 2023: DHC: 5521, it was held that in fact, "if there is a disclaimer for any of the associated marks there is no reason why the certificate of registration of the later marks would not expressly include such disclaimers, if such was the intent of the registering authority."
Further, in another case of Modi-Mundipharma Pvt. Ltd. v. Union of India and Ors. MANU/ DE/ 3537/ 2017, the Hon'ble Delhi High Court, in an appeal to an IPAB order, observed that "in terms of Section 55(1) of the Trade Marks Act, 1999, the use of an associated registered trademark may also be accepted as use of a registered trademark."
Conclusion
To sum up, the prominent objective of associated trademarks is to establish a connection between brands that fall within the same domain of goods and services, thereby creating a unified identity and reinforcing brand value in the minds of consumers. Thus, associated trademarks offer significant advantages to entities seeking to expand their range of goods and services, as they enable a cohesive market presence and bolster brand recognition. Besides protecting and aiding the brand owners, the requirement of association of trademarks also protects the public from being confused or misled if two identical/similar trademarks are allowed to be registered in the name of different proprietors.
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