Nowadays its trending In India, Section 8 companies (non-profit organizations) play an important role in education, charity, and social welfare. However, many such organizations wonder Can a Section 8 company register a trademark?
The answer is Yes a Section 8 company can and should register its trademarks to protect its brand identity, prevent misuse, and enhance credibility.
Legal provisions for Section 8 companies under trademark law
- Step-by-step process for trademark registration
- Benefits of trademark registration for non-profits
- Challenges and solutions
- Real-world examples in India
By the end, you’ll understand why trademark registration is essential for Section 8 companies and how to secure it.
1. What is a Section 8 Company?
A Section 8 Company (under the Companies Act, 2013) is a non-profit organization established for:
- Promoting commerce, art, science, sports, education, or charity.
- Using profits only for reinvestment (no dividends to members).
- Examples: NGOs, trusts, research foundations, and charitable institutions.
Key Features:
✔ No profit distribution to members
✔ Tax exemptions under Section 12A & 80G
✔ Governed by MCA (Ministry of Corporate Affairs)
2. Can a Section 8 Company Register a Trademark?
Yes! The Trade Marks Act, 1999 allows any legal entity, including Section 8 companies, to register a trademark.
Legal Basis:
- Section 2(1) (zb) defines a “trademark” broadly, covering non-profits.
- Section 18 permits “any person” (including companies) to apply.
- Judicial Precedents (e.g., Tata Sons vs. Greenpeace) confirm NGOs can hold trademarks.
Why Should a Section 8 Company Register a Trademark?
- Prevent Misuse – Stops fraudsters from exploiting the brand.
- Legal Protection – Enables lawsuits against infringers.
- Funding & Trust – Enhances credibility with donors.
- Global Recognition – Required for international collaborations.
3. Step-by-Step Trademark Registration Process
Step 1: Conduct a Trademark Search
- Use the IP India website (https://ipindia.gov.in) to check if the mark is available.
- Make sure no similar trademarks exist in Class 36 (Charitable services), 41 (Education), or 45 (Legal & Social services).
Step 2: File TM-A Application
- Submit Form TM-A online/offline with:
- Company incorporation certificate (proof of legal existence).
- Logo/Name/Slogan to be trademarked.
- User affidavit (if already using the mark).
Step 3: Examination & Publication
- The Trademark Office reviews the application (4-8 months).
- If approved, published in the Trademark Journal for 4 months (opposition period).
Step 4: Registration & Certification
- If no opposition, the trademark is registered for 10 years (renewable).
4. Examples of Section 8 Companies with Trademarks in India
1. CRY (Child Rights and You)
- Trademark: “CRY” logo & name.
- Registered in: Class 36 (Charitable fundraising).
- Benefit: Prevents misuse by fake NGOs.
2. Pratham Education Foundation
- Trademark: “Pratham” name.
- Registered in: Class 41 (Educational services).
- Benefit: Protects its brand in the education sector.
3. Help Age India
- Trademark: Logo & slogan.
- Registered in: Multiple classes (16, 35, 36).
- Benefit: Makes sure donor trust.
5. Challenges & Solutions for Section 8 Companies
| Challenge | Solution |
| Limited Funds | Apply for fee concessions (50% off for NGOs). |
| Complex Process | Hire a trademark attorney (costs ₹5,000-₹10,000). |
| Opposition Risks | Conduct a thorough search before applying. |
6. Benefits of Trademark Registration for Section 8 Companies
✅ Legal Shield – Sue infringers under Section 29.
✅ Brand Value – Attracts more donors & grants.
✅ Online Protection – Prevents domain name squatting.
✅ Global Expansion – File under the Madrid Protocol.
7. Case Study: How a Small NGO Lost Its Brand
Scenario: An unregistered NGO, “Green Earth Foundation”, became popular. A private company copied its name and registered it first. The NGO had to rebrand entirely, losing years of goodwill.
Lesson: Register early to avoid such risks.
Final Remarks
Section 8 companies must register trademarks to:
✔ Protect their brand reputation
✔ Gain legal rights against fraudsters
✔ Enhance funding opportunities
Key Points
- Section 8 companies are eligible for trademark registration.
- The process is similar to regular companies (Form TM-A).
- Famous NGOs like CRY & Pratham hold trademarks.
- Early registration prevents brand theft.
Need help filing? Consult a trademark expert today or Learn more Khabar Darbar