From Temples to Trademarks: Nirmalaya

Among the 1.4 billion people in India are more than two million temples, where devotees bring flower offerings to honor their deities. Each year, the floral waste produced from these offerings amounts to roughly eight million tons, the majority of which is dumped into India’s various rivers and bodies of water.

Enter Nirmalaya, a Delhi-based wellness company that recycles and transforms these temple flowers into an aromatic, organic incense. Founded in 2020 by Bharat Bansal, Surbhi Bansal, and Rajeev Bansal, Nirmalaya has quickly become a booming direct-to-consumer business, raising over $800,000 in seed funding in 2022 and appearing on Shark Tank® India in February 2023.

The name “Nirmalaya” means “pure,” and it also directly refers to the flower offerings made to deities. According to Bharat Bansal, “When we searched what Nirmalaya means, we were so inspired that we could not find a better name for the brand. . . we wanted exclusive rights over this and we designed a very beautifully written logo for Nirmalaya, denoting religion and the [tagline] ‘Fragrance of God.’”

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However, the reality of protecting and owning a trademark is rarely a bed of roses. Nirmalaya filed a trademark application in India for its logo (App. No. 4651258) in September 2020, followed later by an application for the NIRMALAYA word mark (App. No. 5789253) in February 2023. Both applications are still pending registration, with the logo application mired in opposition proceedings.

Bharat Bansal notes that they have encountered two main issues in trying to secure their brand: alleged consumer confusion from a legitimate brand owner, and fraudulent applicants trying to capitalize on their up-and-coming brand. “We have seen a pattern in India that whenever a brand starts getting famous, a lot of people come with fake proofs and apply [for] marks with prior use [claimed],” he said.

Since India is a first-to-use country (meaning trademark rights vest in the first person to use the mark, rather than the first to file an application), they encountered an applicant who claimed to have used “Nirmalaya” before them, and who fabricated fake invoices to try to prove their earlier use. While the Bansals were able to prevail in that dispute, their logo application has also been opposed by a detergent company in India. The opposer has claimed there is a likelihood of confusion with their prior registered trademark, but Nirmalaya remains optimistic that the trademark office will rule in their favor. They are still waiting for the case to be heard.

Considering the significant effort and resources dedicated to overcoming these brand challenges, the message seems clear.

To put it simply, it is wise to research other brands in your industry before starting your business. Conduct searches to see that there is not a prior mark registered that would prevent your use and registration before launching. In first-to-use countries such as India, make sure that you have evidence of your earliest use. This helps mitigate the risks around applying for and using a trademark that is already in use and/or registered. And, if you are passionate about using a trademark already in use (even for seemingly dissimilar goods or services), be ready for the possibility of a legal dispute. However, once registered you will have an asset that protects your business for the future.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

© 2023 International Trademark Association