Tenders are won on a name built over decades. Most EPC firms have never checked whether that name is legally theirs.
An EPC company's balance sheet lists cranes and receivables. Its real asset is the name on the prequalification documents — the track record that gets it past technical evaluation. Developers add a second layer: project brands. The township name sells flats; the corporate name wins contracts. Both are trademarks, and most firms have registered neither.
Construction and civil-engineering services sit in Class 37. Engineering design, architecture and project consultancy sit in Class 42. Real-estate development, leasing and project finance sit in Class 36. One TM-A application costs ₹4,500 per class in government fees for startups, MSMEs and individuals — ₹9,000 otherwise. India is first-to-file, not first-to-use: three decades of completed projects mean little on the register if someone else files the name first.
Three filings cover most of the IP risk on day one. Each is a standalone service and each links to a deeper walkthrough.
Construction brands fail in ways that look nothing like retail counterfeiting. The damage shows up in tenders, buyer bookings and JV break-ups.
Each pattern is contract-and-filing hygiene. None of it is expensive until it is ignored.
A contractor bidding EPC work needs 37 and 42 at minimum. A developer needs 36 and 37. Check any edge case with the trademark class finder before filing.
The corporate mark and the project mark do different jobs. The corporate name carries prequalification, banking relationships and three decades of completed work. The project name carries crores of launch marketing and is what a homebuyer actually remembers. Treat them as separate assets: file the house mark across Class 37, 42 and 36, and file each significant project brand — at least in Class 36 and 37 — before the launch hoarding goes up.
One structural trap: projects are often held in SPVs. If the SPV files the project trademark and the SPV is later sold, wound up or taken over by lenders, the brand goes with it. Decide upfront whether the parent owns the mark and licenses it to the SPV, or the SPV owns it with a written route back. Moving a mark between group entities is a standard trademark assignment — cheap now, contested later.
File the project name the week the name is finalised, not the week of launch. The 4-month opposition clock and first-to-file rule do not wait for your RERA registration.
Infrastructure work runs on joint ventures. The naming pattern is usually both parents' names welded together, and the brand question is skipped because the JV feels temporary. Then the JV wins three more packages, runs for a decade, and the combined name becomes independently valuable.
Put three answers in the JV agreement on day one: who owns the JV's name and logo, what each parent may do with it after exit or dissolution, and whether either parent can bid under a confusingly similar name afterwards. If the JV itself will own the mark, register it in the JV's name and have both parents sign licence terms for any use of their own house marks within the combined brand.
The same discipline applies to consortium bids: a consortium name used across a multi-year concession is a trademark in use, whether or not anyone registered it. Someone will own it eventually. Better that it is decided by a clause than by a court.
Government fees: ₹4,500 per class for startups, MSMEs and individuals; ₹9,000 per class otherwise. A developer filing one house mark across Class 36, 37 and 42 as an MSME pays ₹13,500 in government fees plus professional charges. Each project brand is a fresh application. IPForte files within 48 hours — the acceptance number arrives before your next site board is printed.
Expect the examination report in 1–3 months, a 30-day window to reply if the examiner raises objections, then Journal publication with a 4-month opposition period. A clean application typically registers in 8–18 months. The registration runs 10 years and renews for 10 at a time — set the reminder now, because infra brands outlast the person who filed them.
Full working out for your entity type and class count: trademark cost calculator.
Naming a new project or JV this quarter? Send the shortlist on WhatsApp — we'll run a free conflict check across Class 36, 37 and 42.
WhatsApp our team →Construction services fall in Class 37, which covers building construction, civil engineering, repair and installation. Engineering design and architectural services fall in Class 42, and real-estate development, sale and leasing fall in Class 36. Most EPC firms and developers need two or three of these.
Yes, and you should — before the launch hoarding goes up. Project names like township and tower brands are registrable trademarks, usually in Class 36 and Class 37. Unregistered project names are hard to defend when a rival launches a confusingly similar project in the same city.
Whoever the JV agreement says — and if the agreement is silent, nobody knows until a dispute settles it. Decide at formation: register the combined name in the JV's name or one parent's name, and record in writing what happens to the brand on exit or dissolution.
No. MCA incorporation only stops another company from registering an identical company name. It gives no trademark rights. A rival can still use your name as a brand, and a trademark squatter can still register it and stop you. Only a trademark registration protects the name in the market.
Government fees are ₹4,500 per class for startups, MSMEs and individuals, and ₹9,000 per class for larger companies. A house mark across Class 36, 37 and 42 costs an MSME ₹13,500 in government fees plus professional charges. A clean application registers in roughly 8 to 18 months.