Comparative Advertising Law India: What Brands Can Say

Under comparative advertising law India allows a brand to say its product is better than a rival’s, and even to name the rival, as long as the comparison is honest, accurate and capable of proof. What the law does not allow is disparaging or denigrating the rival’s product. The rules come from section 29(8) and section 30(1) of the Trade Marks Act, 1999, the ban on disparagement in section 2(47) of the Consumer Protection Act, 2019, Chapter IV of the ASCI Code, and Delhi High Court judgments such as Pepsi Co. v. Hindustan Coca Cola (2003).

What comparative advertising law India applies

Three bodies of comparative advertising law India applies work together.

1. Trade Marks Act, 1999. Section 29(8) says advertising of a registered trade mark infringes it if the advertising takes unfair advantage of and is contrary to honest practices in industrial or commercial matters, is detrimental to its distinctive character, or is against the reputation of the mark. Section 30(1) is the counterweight: using a registered mark to identify the proprietor’s goods is not infringement if it is honest and does not take unfair advantage or harm the mark’s character or repute.
2. Consumer Protection Act, 2019. Giving false or misleading facts that disparage another person’s goods, services or trade is an unfair trade practice under section 2(47). The CCPA’s powers against misleading ads also apply.
3. ASCI Code, Chapter IV. Comparisons must be fair, factual and verifiable, must not unfairly denigrate competitors, and must not imitate in a way that causes confusion.

What the courts have said

The thread across these cases is simple: you may say you are better, if it is true and you can prove it. You may not say the other product is bad.

Practical rules for a comparative campaign

• Compare like with like: same pack size, same test method, same time period, same price band.
• Test independently where possible, and keep the test protocol and raw data in a substantiation file.
• Use the rival’s name or mark only to identify it. Do not distort its logo, pack or mascot.
• Avoid derogatory words and visuals: no “useless”, “harsh” or “cheap” depictions, no rival pack thrown in a dustbin, no lookalike pack shown failing.
• Check the overall message. Even accurate facts can disparage if the storyline mocks the rival.
• Be ready for an injunction. Keep evidence that can be filed within a day or two if the rival rushes to court.
• Register your own marks before launch, so you can rely on section 29 against others.

Example: Ujjwal Detergents, a Nagpur brand, planned a TV ad showing a woman holding an unnamed pack in the market leader’s signature colour, with dull clothes, before switching to Ujjwal for bright whites. Legal review flagged it: the colour clearly pointed to the leader, and the storyline showed it failing. The revised ad compared “Ujjwal versus the leading brand” on one independently tested stain-removal score, showed both packs neutrally and carried the test details on screen.

What happens if a rival complains

1. ASCI complaint: a competitor can complain to ASCI; member-versus-member disputes can use a paid Fast Track route. If upheld, the ad must be withdrawn or modified.
2. High Court suit: a suit for infringement under section 29(8) and for disparagement, usually with an application for an interim injunction. Courts can restrain an ad within days of launch.
3. Consumer law: the CCPA can act if the ad is misleading or disparaging under the CPA.

A creative pulled in the middle of a festive campaign wastes the media spend. A thirty-minute legal check is cheaper.

Frequently asked questions

Is comparative advertising legal under comparative advertising law India follows?

Yes. Honest, accurate and provable comparisons, including naming a rival, are permitted under section 30(1) of the Trade Marks Act. Disparaging or denigrating the rival’s product is not allowed.

Can I use a competitor’s brand name in my ad?

Only to identify the rival for an honest comparison. Using its mark in a way that takes unfair advantage, harms its distinctiveness or damages its reputation infringes under section 29(8).

Can an ad disparage a rival without naming it?

Yes. In Reckitt Benckiser v. Hindustan Lever (2013), the Delhi High Court restrained an ad that did not name the rival but was read by consumers as targeting its well-known product.

What is the difference between puffery and disparagement?

Puffery is obvious exaggeration about your own product that no reasonable consumer reads as fact. Disparagement attacks the rival’s product, directly or by clear implication, and courts restrain it.

Quick quiz

To plan campaigns within comparative advertising law India enforces, see the Marketing and Advertising Law certificate course.

Sources

• Trade Marks Act, 1999: ss.29(8), 30(1)
• Consumer Protection Act, 2019: s.2(47)
• ASCI Code: Chapter IV (fair in competition)
• Pepsi Co. Inc. v. Hindustan Coca Cola Ltd. (Delhi High Court, 2003)
• Dabur India Ltd. v. M/s Colortek Meghalaya Pvt. Ltd. (Delhi High Court, 2010)
• Reckitt Benckiser (India) Ltd. v. Hindustan Lever Ltd. (Delhi High Court, 2013)

This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.