Why Most Brands Launch at Legal Risk And How to Avoid That Mistake You have spent weeks coming up with the perfect brand name. The logo looks sharp. The domain is available. You are ready to launch. But here is a question most founders forget to ask: Has someone else already claimed that name legally? […]
Tag Archives: Trademark
01
Sep
Sep
TL;DR: Most trademark application problems in India are preventable, and they cluster around seven specific mistakes: filing in the wrong class, an inadequate search before filing, choosing a mark that isn’t distinctive enough, incomplete documentation, incorrect applicant details, missing priority claims, and improper power of attorney paperwork. Each of these can trigger an examination objection, […]
18
Mar
Mar
TL;DR: An unregistered brand in India is not unprotected, but it is protected by a much weaker and slower remedy. Section 27 of the Trade Marks Act, 1999 bars an infringement suit for an unregistered mark, but expressly preserves the common law action for passing off. The catch is that passing off requires you to […]
15
Oct
Oct
TL;DR: Most founders choose a brand name first and think about protecting it later. That order is backwards, and it is the single most expensive naming mistake there is. The strongest brands are built the other way round: they choose a name that is legally distinctive, they clear it, across trademarks, domains, and social handles, […]
25
Jan
Jan
TL;DR: Registering a trademark in India means filing Form TM-A with the Trade Marks Registry, choosing the right class under the Nice Classification, getting through examination, surviving the publication and opposition window, and receiving your certificate. The process realistically takes 12 to 18 months if uncontested. Government fees start at ₹4,500 per class for individuals […]
21
Jan
Jan
TL;DR: A trademark protects the signs that identify your business, your name, logo, or slogan, and stops others from trading off your reputation. Trademark rights are territorial, so protection is granted country by country, though the Madrid System lets you file across many countries through one application. The core principles are similar everywhere, but the […]