Common IP Mistakes New Businesses Make

Starting a new business in India is super exciting, right? You’ve got your idea, your product, maybe even your first few customers. But in all that hustle, there’s one thing most startups ignore — Intellectual Property (IP). And trust us, that can cost you big time later.

Whether it's a name, logo, app, content, or product design, it all falls under IP. And yet, so many new businesses in India either skip it or do it all wrong. So, here’s a full guide on the most common IP mistakes startups make and how to avoid them, especially in the Indian business ecosystem.

1. Not Registering the Brand Name or Logo

This is hands down the most common mistake. Many founders think if they have a unique name and a domain, they’re safe. But unless your brand name and logo are officially registered under Trademark Law, anyone else can claim them. And it happens more often than you think.

💡 According to the Controller General of Patents, Designs & Trademarks (CGPDTM), over 4.5 lakh trademark applications were filed in 2023-24 alone in India.

If you're just starting out, an intellectual property lawyer in India can help you file the trademark properly and guide you on what’s considered legally strong branding.

2. Assuming Domain Name = Trademark Ownership

This one’s a trap! Just because you’ve registered the domain www.mycoolbrand.in doesn’t mean you legally own the brand name. Domain and trademark are two totally separate things. You can lose your brand to someone who files for the trademark first — even if you’ve been using it longer!

👉 Always cross-check trademark availability before finalising any name — domain or otherwise.

3. Delaying IP Registration

Let’s be honest — most Indian entrepreneurs think of IP as a “future problem.” But in reality, IP registration should start from day one. The earlier you register, the better.

🧾 Did you know India follows a “first to file” rule, not “first to use”? That means whoever files the trademark/patent first gets the rights — even if you thought of it earlier!

4. Not Using NDAs While Pitching Ideas

Sharing your startup idea with investors or partners without a Non-Disclosure Agreement (NDA)? That’s a big risk. Your app idea or product design can easily be copied, and without legal paperwork, there's little you can do.

A new business IP guide will always recommend drafting an NDA early on, especially before investor meetings, collaborations, or tech development.

5. Copying Existing Logos or Taglines

This usually happens when startups DIY their logo or ask a freelancer to “just copy something cool.” But if your logo or slogan looks like another brand’s, you’re risking trademark infringement, which can lead to legal trouble or being forced to rebrand.

🎯 A Bengaluru-based startup was fined ₹10 lakh in 2022 for using a logo similar to an existing clothing brand. Ouch!

Don’t take shortcuts — get original design work and cross-check it with a trademark lawyer.

6. Ignoring Copyright for Website Content, Images, or Software

A lot of small businesses simply copy text or download images from Google for their website. That’s a copyright violation, and yes, it is punishable under Indian law.

Also, if you’ve created original content, code, or design, registering a copyright gives you the legal shield to stop anyone from copying your work.

7. Failing to Patent a Product or Process

If you’ve invented something new — a product design, machinery, app algorithm, etc. — you need to file for a patent. This is a big one for tech startups especially.

🧠 India granted over 30,000 patents in 2023, and startups are increasingly becoming patent holders.

But many founders either don’t know this or think it’s too complicated. A good patent lawyer in India can make the process much simpler and help you decide if your invention is patentable or not.

8. Not Checking for Existing IP Before Launch

Imagine launching your brand and then getting a legal notice because someone already owns the trademark. Scary, right?

That’s why before finalising your startup name, app name, logo, tagline, or even packaging — always run an IP availability check. It can be done via India’s Trademark Search Tool or with help from a lawyer.

9. Not Updating or Renewing IP Assets

Trademark and patent registrations come with expiry dates. If you don’t renew them on time, you could lose your rights. And once they’re gone, someone else can claim them.

🛑 Thousands of trademarks lapse in India every year just because owners forget to renew them.

Add renewal dates to your business calendar and stay in touch with your IP lawyer for alerts.

10. Assuming IP Protection is the Lawyer's Job Only

Many business owners assume that once they hire an IP lawyer, their job is done. But IP is a business strategy, not just a legal formality.

You, as the founder, need to understand the basics, keep your team informed, and actively monitor your brand’s presence — online and offline.

11. Not Having an IP Clause in Employee/Co-Founder Agreements

This one's important! If your co-founder, employee, or freelancer develops something for your business (like code or content), and there’s no clause saying it belongs to the company — you could lose control over it.

Always include IP ownership clauses in contracts and agreements to avoid future disputes.

12. Overlooking International IP Protection

If you’re planning to go global, your Indian IP rights won’t protect you abroad. You’ll need to file for international protection under Madrid Protocol for trademarks or PCT for patents.

Even if you're just exporting, it's wise to check how your brand and product are protected in those countries.

13. Failing to Enforce IP Rights

Lastly, registering IP is not enough. If someone misuses your trademark, design, or content — you must take action. This could be a cease and desist notice, legal complaint, or domain takedown.

A reliable intellectual property lawyer in India can help you act quickly and decisively when needed.

Conclusion

If you’re a startup or new business in India, ignoring IP is like building a house without locking the doors. It’s risky and can be expensive to fix later.

From filing trademarks and patents to using NDAs and enforcing rights — there’s a lot to manage. But the good news is, you don’t have to do it all alone. Having the right intellectual property lawyer in India can save you time, money, and headaches down the line.

👉 Whether you're a bootstrapped startup or scaling fast, avoiding these IP mistakes for startups will give you the legal safety net you need. So start early, stay aware, and protect what you build.

As a college student, how can I get a patent?

 Great question! The good news is, yes—you can get a patent as a college student in India, and you don’t need to be a company or have years of experience. All you need is a unique, original idea or invention—and the right guidance to protect it legally.

🎓 Step-by-Step Guide for Students to File a Patent in India:

1. Confirm Patentability
   Your invention must be novel, useful, and non-obvious. It should also fall within patentable subject matter as per the Indian Patent Act. If you’re not sure, a patent attorney in India can help assess this.
   
   
2. Do a Prior Art Search
   This step helps you check if your idea already exists. Use public databases like Google Patents or IP India. Or, let professionals do this for accuracy.
   
   
3. Prepare a Provisional Specification
   If your idea is still under development, filing a provisional patent lets you claim an early filing date. This gives you 12 months to refine and file the complete specification.
   
   
4. File the Patent Application
   You can file it online at ipindia.gov.in. Choose between provisional and complete specification depending on how ready your invention is.
   
   
5. Request for Examination (RFE)
   Your application won’t be examined automatically—you need to file an RFE within 48 months from the filing date.
   
   
6. Respond to Objections (If Any)
   The patent office may raise technical or legal objections. A patent attorney in India can handle these professionally and increase your chances of success.
   
   

💼 How Babaria IP Can Help

At Babaria IP, headquartered in Ahmedabad and connected to Mumbai, we’ve helped many students and researchers patent their ideas. With 18+ years of experience in patents, trademarks, and copyrights, we offer student-friendly guidance—from patent search to filing and prosecution.

Our team specialises in engineering, biotech, pharma, and software innovations, making us an ideal partner for student inventors.

Why is intellectual property protection important?

Intellectual Property (IP) protection is not just a legal formality—it’s a powerful tool that helps individuals and businesses safeguard their innovation, creativity, and competitive advantage. In today’s knowledge-driven economy, protecting your ideas is just as important as developing them.

Why is IP Protection So Crucial?

1. Safeguards Innovation & Investment
   Imagine spending years building a product or brand, and then someone copies it overnight. IP protection (like patents, trademarks, and copyrights) ensures that your hard work isn’t exploited without your permission.
   
   
2. Encourages Creativity & R&D
   When creators and inventors know their work is protected, they are more likely to invest in research, development, and innovation. For example, pharma companies in India rely heavily on patent protection to support new drug formulations.
   
   
3. Builds Brand Value & Recognition
   A registered trademark gives your brand a legal identity. Customers trust it, investors value it, and competitors respect it. If someone misuses your brand, IP laws allow you to take legal action.
   
   
4. Supports Economic Growth
   According to WIPO, economies that actively protect IP see more innovation, foreign investment, and stronger industries. In India, the number of patent applications has steadily grown—over 80,000+ patent filings in 2022 alone, showing rising awareness and value of IP.
   
   

Why You Should Consult a Patent Attorney in India

Navigating IP laws in India can be tricky. That’s why it’s essential to consult a patent attorney in India who understands the legal and technical aspects. From checking novelty to filing and defending your IP rights in court, an expert can save you from costly mistakes.

How Babaria IP Can Help

At Babaria IP, headquartered in Ahmedabad with presence in Mumbai, we have more than 18 years of experience in protecting intellectual property across industries—pharma, biotech, engineering, chemistry, software, and more. Whether it’s patents, trademarks, copyrights, or designs, our dedicated team offers cost-effective, efficient, and reliable solutions tailored to your needs.

Conclusion:

Intellectual property protection isn't optional—it's essential for safeguarding your innovation, brand, and business. If you're serious about protecting your ideas, consult a trusted patent attorney in India.

Need expert advice? Reach out to Babaria IP today!

Can I patent an artificial intelligence model?

 The short answer is: Yes, but with conditions—especially in India.

Artificial Intelligence (AI) is one of the most talked-about innovations today, and many businesses and startups are eager to patent their AI models. However, when it comes to patenting AI in India, the rules are a bit complex.

🔍 What Does Indian Patent Law Say?

Under the Indian Patent Act, 1970, to be patentable, an invention must be:

• Novel
  
  
• Inventive (not obvious)
  
  
• Capable of industrial application
  
  
• Not excluded under Section 3
  
  

Now, here’s where it gets tricky. As per Section 3(k) of the Patent Act, mathematical methods, business methods, algorithms, and computer programs per se are not patentable in India. Since AI models often involve algorithms or computer-implemented methods, patenting them is not always straightforward.

🤖 Can AI Models Be Patented in India?

You can’t patent the algorithm itself, but if your AI model is part of a larger system that:

• Has a technical effect or solution
  
  
• Is tied to hardware or a specific application
  
  
• Shows improvement in technical performance
  
  

— then it may be considered patentable.

For example, if your AI model is used in a medical device or industrial machinery and enhances performance, it stands a better chance.

👨‍⚖️ Why You Need a Patent Attorney in India

This is where consulting an experienced patent attorney in India is crucial. They can:

• Assess the patentability of your AI innovation
  
  
• Frame your invention in a technically patentable format
  
  
• Help you avoid rejections under Section 3(k)
  
  

💼 How Babaria IP Can Help

At Babaria IP, with offices in Ahmedabad and a strong presence in Mumbai, we have over 18 years of experience in helping innovators protect their work. From software to biotech to AI models, our expert attorneys know exactly how to handle complex filings.

We provide end-to-end patent services—from search and drafting to filing, prosecution, and litigation—in a cost-effective and time-efficient manner.

Conclusion:
Yes, you can patent an AI model in India if it meets specific legal and technical criteria. Before filing, consult a trusted patent attorney in India to evaluate and guide your application properly.

Have an AI innovation you want to protect? Connect with Babaria IP today!

What should I do if someone else is using my trademark?

 If someone else is using your trademark without permission in India, the first thing to know is—you have legal rights. Trademarks protect your brand identity, and unauthorised use can seriously damage your business, reputation, and customer trust. But don't worry, there are clear steps you can take to act fast and protect what's yours.

🔹 Step 1: Confirm Your Trademark Rights

First, check if your trademark is registered under the Trademarks Act, 1999. If yes, you already have legal grounds to initiate action. Even if your trademark is not registered, but you’ve been using it for a long time and built reputation, you may still have common law rights (though a registered trademark is always stronger in court).

🔹 Step 2: Collect Evidence

Start documenting everything:

• Where is your trademark being misused?
  
  
• Since when?
  
  
• Is the other party using it in the same category of goods/services?
  
  

Screenshots, product images, and customer complaints—anything can support your case.

🔹 Step 3: Send a Cease-and-Desist Notice

This is usually the first legal move. Through a patent attorney in India or an IP lawyer, you can send a cease-and-desist notice asking the infringer to stop using your trademark immediately. Many cases are resolved at this stage itself.

🔹 Step 4: Take Legal Action (If Required)

If they ignore your notice, you can:

• File a suit for trademark infringement in a court of law
  
  
• Seek an injunction to stop further misuse
  
  
• Claim damages or loss caused to your business
  
  

🔹 Why Choose a Patent Attorney in India?

Trademark cases are sensitive and require deep legal understanding. A skilled patent attorney in India will help you navigate the process—draft notices, represent you in court, and secure your brand rights with precision.

💼 Babaria IP Can Help

At Babaria IP, with offices in Ahmedabad and ties to Mumbai, we’ve been protecting businesses for over 18 years. Whether it’s pharma, software, biotech, or engineering, we offer cost-effective, expert IP solutions—from trademark filing to litigation.

Conclusion:
Don’t ignore trademark misuse—it can dilute your brand. Act swiftly, gather proof, and consult a qualified patent attorney in India to defend your rights.

Need help with a trademark issue? Connect with Babaria IP today!

How hard is it to get a patent in India?

 Honestly, getting a patent in India is not impossible, but yes—it can be quite challenging if you're not familiar with the process. The difficulty usually lies in understanding legal requirements, drafting technical documents correctly, and responding to objections from the Patent Office.

Here’s what makes the patent process a bit tricky in India:

✅ What Makes It Hard?

1. Strict Patentability Criteria
   Your invention must be:
   
   
• Novel (completely new)
  
  
• Inventive (not obvious)
  
  
• Industrially applicable (should have real-world use)
  
  
2. Complex Filing Process
   You have to go through steps like:
   
   
• Patent search
  
  
• Drafting specification (which must be both technical and legal)
  
  
• Filing
  
  
• Publication
  
  
• Examination and responding to objections (called FERs)
  
  
• Grant or rejection
  
  
3. On average, it takes 2 to 4 years to get a patent granted in India.
   
   
4. Common Pitfalls
   
   
• Poorly drafted applications
  
  
• Missing legal deadlines
  
  
• Inadequate responses to examiner's objections
  
  
• Incomplete knowledge of exclusions under Section 3 of the Indian Patent Act
  
  

👨‍⚖️ How a Patent Attorney in India Can Help

This is where working with an experienced patent attorney in India becomes essential. They understand the law, know how to draft strong patent specifications, and can represent your case during the examination process.

💼 Our Expertise at Babaria IP

At Babaria IP, based in Ahmedabad and associated with Mumbai, we’ve been helping innovators and businesses across India for over 18 years. Whether you're in pharma, biotech, engineering, chemistry, or software, our patent attorneys handle everything—from search and filing to prosecution and litigation.

Our focus is on providing cost-effective, high-quality services that help you secure your patent without unnecessary delays.

Conclusion:
Getting a patent in India is doable—but only if you follow the process correctly. The smartest move? Partner with a skilled patent attorney in India to make your journey smoother and stress-free.

Have more questions about patents? Feel free to reach out to Babaria IP anytime!

What are the key differences between Trademark and Copyright?

 In India, understanding the difference between trademark and copyright is crucial for anyone involved in business, branding, or creative fields. While both fall under the umbrella of intellectual property rights, they serve very different purposes.

🔹 1. What They Protect

• Trademark protects brand identity—think logos, names, symbols, taglines, and packaging that help customers identify your products or services. For example, the “TATA” logo or “Amul Taste of India” slogan.
  
  

• Copyright protects creative and artistic works such as books, songs, movies, paintings, software code, etc. It safeguards expression, not the idea itself.
  
  

🔹 2. Purpose of Protection

• Trademark prevents market confusion and protects your brand’s reputation.
  
  

• Copyright gives creators the exclusive right to reproduce, distribute, and publicly display their original work.
  
  

🔹 3. Duration of Protection

• Trademark protection lasts 10 years in India and can be renewed indefinitely.
  
  

• Copyright typically lasts for the creator’s lifetime plus 60 years after their death.
  
  

🔹 4. Registration Process

• Trademark registration is highly recommended and can be filed with the Indian Trademark Office. A patent attorney in India or IP expert can assist with filing, objections, or opposition, which is common in the Indian trademark ecosystem.
  
  

• Copyright protection is automatic upon creation but registering it can serve as legal proof during disputes.
  
  

Why Legal Guidance Matters

Many startups and creators delay registering their IP, leading to brand theft or creative misuse. That’s where expert help matters.

At Babaria IP, based in Ahmedabad with a presence in Mumbai, we have over 18 years of experience in handling patents, trademarks, copyrights, and more. Our team includes seasoned patent attorneys in India who understand the nuances of IPR across industries like pharma, biotech, engineering, and software.

We offer efficient, cost-effective services for filing, prosecution, and litigation across all major IP domains.

IP Trends in India: The Rise of Litigation & Enforcement

In recent years, India’s intellectual property (IP) landscape has witnessed remarkable growth. From startups to established companies, more businesses are recognising the value of protecting their inventions, brands, and creative works. But along with this growth comes a rise in disputes — leading to increased IP litigation and enforcement across the country.

If you are a business owner, innovator, or entrepreneur in India, understanding these trends is vital. Not only does it help protect your ideas, but also prepares you to face legal challenges confidently. In this article, we’ll walk you through the latest trends in IP litigation and enforcement in India, and why consulting a patent attorney in India or an intellectual property lawyer is becoming more important than ever.

Current IP Landscape in India

India has become one of the fastest-growing countries in terms of IP filings. The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) reported a steady increase in patent and trademark applications over the last decade. For example, patent filings grew by over 25% between 2015 and 2020, reflecting the rise in domestic innovation.

The sectors leading this surge are pharmaceuticals, biotechnology, information technology, and e-commerce. The government’s push through programs like Startup India and Make in India has further encouraged innovators to secure their IP rights.

Rise of IP Litigation in India

With more IP rights being registered, it is natural that disputes over ownership and infringement also increase. IP litigation refers to legal actions taken to enforce or defend IP rights. Common cases involve patent infringement, trademark violations, copyright piracy, and design disputes.

The number of IP cases filed in Indian courts has surged in recent years. A study by the Intellectual Property Appellate Board (IPAB) found that IP-related cases grew by almost 30% between 2016 and 2021. This rise reflects growing awareness and the willingness of right holders to protect their assets aggressively.

Patent Litigation Trends

Pharmaceuticals and biotech sectors in India have witnessed some high-profile patent litigation cases. India’s patent laws allow for compulsory licensing and challenge of patents that don’t meet innovation standards, leading to intense court battles.

For instance, cases involving major multinational pharma companies often make headlines due to the stakes involved in drug patents. Patent litigation not only protects inventions but can also shape market competition and drug prices.

If you’re navigating patent disputes, consulting a patent attorney in India is crucial. These experts understand both the technical complexities and legal frameworks, helping you build strong cases or avoid costly litigation altogether.

Trademark Litigation and Enforcement

India’s rapidly growing consumer market has led to a significant rise in trademark infringement cases. Counterfeiting and brand piracy have become major concerns for businesses across sectors like fashion, FMCG, and electronics.

Famous brands often fight long legal battles to stop counterfeit products from flooding the market. The courts have increasingly taken a strict stance against infringement, ordering injunctions and damages.

An intellectual property lawyer in India can help you enforce your trademarks, register new marks, and advise on anti-counterfeiting strategies to protect your brand reputation.

Copyright and Design Rights Enforcement

India’s vibrant media, entertainment, and software industries face constant threats of copyright infringement. Unauthorized reproduction, online piracy, and software cracking are some challenges IP owners face.

The government has enhanced legal provisions to tackle these issues, and enforcement agencies are more active. Design rights, though less common, are gaining attention as industries realise the importance of protecting product aesthetics.

IP Enforcement Mechanisms in India

Several institutions are involved in enforcing IP rights in India:

• IP Courts and Commercial Courts: Specialised benches handle complex IP disputes efficiently.
  
  

• Customs Department: Plays a key role in preventing import/export of counterfeit goods.
  
  

• Police and Enforcement Agencies: Conduct raids and investigations on piracy and counterfeiting.
  
  

• Alternative Dispute Resolution (ADR): Mediation and arbitration are increasingly used to resolve IP disputes quickly.
  
  

The government’s focus on speeding up IP enforcement is clear, but challenges remain.

Challenges in IP Litigation and Enforcement

Despite progress, there are challenges in India’s IP enforcement landscape:

• Court delays: Backlogs can extend cases for years.
  
  

• Valuation issues: Assessing damages and infringement scope can be complex.
  
  

• Resource constraints: Enforcement agencies sometimes lack expertise or manpower.
  
  

• Awareness gaps: Many SMEs are still unaware of how to protect and enforce IP.
  
  

Working with an experienced patent attorney in India or intellectual property lawyer can help you overcome these hurdles.

Government Initiatives to Strengthen IP Enforcement

The Indian government has introduced several reforms:

• National IPR Policy (2016): Aims to create awareness, improve infrastructure, and strengthen enforcement.
  
  

• Setting up IP Facilitation Centres: For quicker dispute resolution.
  
  

• Training enforcement officers: To better handle piracy and counterfeiting.
  
  

• Digital platforms: For IP registration and monitoring infringement online.
  
  

These steps aim to make IP litigation and enforcement more accessible and effective.

Role of Technology in IP Enforcement

Technology is playing a growing role in IP enforcement:

• AI-powered tools help monitor trademark and copyright infringement online.
  
  

• Blockchain technology ensures authenticity and provenance of IP assets.
  
  

• Online portals allow quicker IP registration and dispute filing.
  
  

Businesses can leverage these tools with the help of IP legal experts for better protection.

How Businesses Can Prepare for IP Litigation Risks

To reduce litigation risks, Indian businesses should:

• Maintain a robust IP portfolio with proper registrations.
  
  

• Conduct regular IP audits and monitor competitors.
  
  

• Draft clear contracts and licensing agreements.
  
  

• Consult patent attorneys in India and intellectual property lawyers for legal advice.
  
  

• Educate employees and stakeholders on IP importance.
  
  

Being proactive can save costs and protect your competitive edge.

Future Outlook: What to Expect in Indian IP Litigation & Enforcement

As India’s economy grows, IP litigation is expected to rise further. Courts may become faster with specialised IP benches. Government policies will likely strengthen enforcement infrastructure. Cross-border IP disputes may also increase due to globalisation.

The takeaway? Protecting and enforcing IP rights is no longer optional. It’s a critical business strategy that can define your success.

Conclusion

India’s IP ecosystem is evolving fast, with litigation and enforcement becoming central to protecting innovation and brands. Whether you are an entrepreneur, startup, or established firm, understanding these trends helps you stay ahead.

Partnering with a skilled patent attorney in India or intellectual property lawyer is essential for navigating this complex terrain. With their guidance, you can safeguard your IP rights, enforce them effectively, and unlock the full value of your innovations.