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Protect your brand name before you build on it

Why checking and registering a trademark early can save a growing brand from an expensive rename.

Many founders choose a name, order the packaging, set up the website and the social media pages, and only then think about protecting it. By then, a conflict is expensive to fix. These are general points we would want every new brand owner to know.

A domain name or social handle is not a trademark

Owning a website address or an Instagram name does not give you the right to use that name for your goods or services. Someone else may already hold trademark rights in a similar name.

Search before you commit

Before you finalise a name, search the public trademark records for names that are the same or similar, in your type of goods or services. Also search the web and marketplaces. Names that look different on paper can still sound the same.

Register what matters

Registering gives your name stronger legal protection and makes it easier to act against copies. Founders usually start with the brand name and the logo. In India, trademarks are registered with the Trademark Registry, and the process takes time, so it helps to start early.

Keep good records

Keep dates, designs, sales records and examples of how you have used the name. They can matter if there is ever a dispute.

Think about other kinds of protection

Your product may involve more than a name. Original written or visual work can be protected by copyright, and a new invention may be protected by a patent. Which of these matters, and in what order, depends on your business.

This article is general information and is not legal advice. For your own situation, speak to a qualified professional. If you would like help, you can talk to us about IP.
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