Choosing the right name, logo, device or other form of business representation is generally the first intellectual asset created by an entrepreneur. Entrepreneurs frequently finalise a name or logo and develop strong emotional attachment to it before conducting proper research. While passion for the business and its representation is understandable, the following steps should be taken before any business representation is finalised.<\/p>\n
The chosen name, logo or other representation should be capable of achieving strong trademark protection. It is well settled under trademark law that fanciful marks (newly coined words) or arbitrary marks (having no connection to the business) carry the strongest protectability. Examples of such marks include Kodak and Apple. While it may be tempting to choose a suggestive or descriptive mark, such a mark does not provide strong protection at the outset and should generally be avoided.<\/p>\n
Once a word or representation is chosen, it is important to verify that the mark has not been filed, registered, or used by another party. This task may be accomplished by searching public trademark databases. The Indian trademark database is accessible at https:\/\/ipindia.gov.in\/<\/a>. In addition to a trademark search, a general search of business directories is advisable to confirm that no one else is using the proposed mark.<\/p>\n A start-up must not adopt a famous trademark belonging to another company, whether or not that company has operations in India. The reputation of a famous trademark can cross national boundaries and may result in legal action that forces the start-up to rebrand after considerable effort has been invested.<\/p>\n3. Avoid Famous Trademarks<\/h3>\n
4. File a Trademark Application<\/h3>\n