Clear the name properly
Run a real clearance search covering identical marks, phonetic equivalents, transliterations and marks in adjacent classes. The free search on the IP India portal finds exact matches in one class, which is not what causes refusals.
Check the company register too
Search the MCA database for companies and LLPs using a similar name. A prior user with an established business can oppose your mark or sue for passing off even without a registration.
Secure the domain and handles
Check the .com and .in domains, and the social handles, before committing. A brand whose domain is unavailable creates permanent friction, and buying it later from a squatter is expensive.
File the trademark before you spend
Filing is inexpensive relative to packaging, signage and advertising. Once filed, you can use the TM symbol immediately and your priority date is locked.
Get IP assignments from everyone
Your logo designer, your freelance developer and your content agency own the copyright in what they made unless there is a written assignment. This is the most common ownership gap found during investor diligence.
Consider design registration for physical products
If your product has a distinctive shape or surface pattern, file the design before launch. Publication destroys novelty permanently.
File a provisional if there is an invention
If your product contains something technically novel, a provisional patent application at INR 1,600 secures your priority date before you demo it publicly.
Register copyright in core assets
Software, artwork and substantial content benefit from a registration certificate, which is prima facie evidence of ownership in enforcement and diligence.
Set up watching from day one
Once your mark is filed, monitor the Trade Marks Journal for conflicting filings. The four-month opposition window is your cheapest chance to stop a copycat.
Note: this guide is general information, not legal advice for your specific matter. Rules, fees and registry practice change. Before acting, speak to us about your situation.