Trademark vs Patent vs Copyright: What’s Right for Your Business?

In today’s competitive business environment, protecting your ideas, brand identity, and creative work is no longer optional—it’s essential. Whether you are a startup founder, an SME owner, or an established enterprise, understanding intellectual property (IP) rights can save you from costly legal disputes and help you build long-term value. Yet, many business owners struggle with one basic question: Should I go for a trademark, a patent, or a copyright?

This confusion is common, which is why businesses often turn to the best IP law firms in India for clarity and strategic guidance. Each form of IP protection serves a different purpose, and choosing the wrong one—or delaying your decision—can expose your business to unnecessary risks. In this blog, we break down trademarks, patents, and copyrights in simple terms so you can decide what’s right for your business.

Understanding the Basics of Intellectual Property

Intellectual property refers to creations of the mind—such as inventions, brand names, logos, designs, music, content, or software—that are legally protected from unauthorized use. The main goal of IP laws is to encourage innovation and creativity by giving creators exclusive rights over their work for a specific period.

However, not all IP is protected in the same way. Trademarks, patents, and copyrights are distinct legal tools, each designed for different types of assets. Understanding their differences is the first step toward building a strong IP strategy.

What Is a Trademark?

A trademark protects your brand identity. This includes your business name, logo, tagline, symbol, or even distinctive packaging that helps customers recognize your products or services in the market.

For example, if customers identify your business by a unique logo or brand name, a trademark ensures that no competitor can legally use a similar mark to confuse your audience. Trademarks are especially important for businesses focused on branding, marketing, and customer trust.

Trademark registration in India initially lasts for 10 years and can be renewed indefinitely, making it a long-term asset. This is why branding-focused businesses often consult a professional law firm in Ahmedabad or other major cities to secure and enforce their trademarks effectively.

What Is a Patent?

A patent protects inventions and innovations. If your business has developed a new product, process, machine, or technical solution that is novel, useful, and non-obvious, a patent can give you exclusive rights over it.

Patents are particularly valuable for startups and companies in technology, pharmaceuticals, manufacturing, and engineering sectors. Once granted, a patent prevents others from making, using, selling, or importing your invention without permission.

In India, patents are generally valid for 20 years from the filing date. The application process is complex, involving technical documentation, claims, and examinations. That’s why many innovators rely on experienced IP professionals to avoid mistakes that could lead to rejection or weak protection.

What Is Copyright?

Copyright protects original creative works, such as written content, books, music, films, photographs, artwork, software code, and website content. Unlike trademarks and patents, copyright protection arises automatically as soon as the work is created and fixed in a tangible form.

For businesses involved in media, advertising, IT, education, or digital platforms, copyright plays a crucial role in safeguarding creative assets. Although registration is not mandatory in India, it provides strong legal evidence in case of infringement.

Copyright typically lasts for the lifetime of the creator plus 60 years, making it ideal for protecting long-term creative value.

Trademark vs Patent vs Copyright: Key Differences

The main difference between these three lies in what they protect. Trademarks protect brand identity, patents protect inventions, and copyrights protect creative expression. Another key difference is the duration—trademarks can last forever with renewals, patents have a fixed term, and copyrights extend long after the creator’s lifetime.

Cost and complexity also vary. Trademark registration is relatively straightforward and affordable, while patents require higher investment and technical expertise. Copyright is the simplest, but enforcement still requires legal support in case of disputes.

Which IP Protection Is Right for Your Business?

The right choice depends on the nature of your business assets. If your priority is brand recognition, a trademark is essential. If innovation is your core strength, patent protection should be your focus. If your business relies heavily on content, design, or software, copyright protection is critical.

In many cases, businesses need a combination of all three. For example, a tech startup may patent its technology, trademark its brand, and copyright its software code and marketing content. Strategic planning with IP experts helps ensure that no valuable asset is left unprotected.

Final Thoughts

Choosing between trademark, patent, and copyright is not about picking one over the others—it’s about understanding your business goals and protecting what truly matters. A well-planned IP strategy not only prevents legal issues but also enhances business valuation, investor confidence, and market credibility.

If you’re unsure where to start, consulting professionals who understand Indian IP laws and business realities can make all the difference. With the right guidance, your intellectual property can become one of your strongest competitive advantages.

Why Every Startup Should Invest in IP Protection from Day One

Starting a business is exciting. You’re focused on building a product, finding customers, raising funds, and scaling fast. In the middle of all this, intellectual property (IP) protection often gets pushed to the bottom of the priority list. Many founders think, “We’ll handle IP later, once we grow.”

But here’s the truth: IP protection is not a luxury—it’s a necessity from day one. In fact, some of the most successful startups globally secured their IP even before launching publicly. That’s why experienced founders often work closely with the best IP law firms in India right at the early stages, ensuring their ideas, brand, and innovations are protected before competitors can take advantage.

What Is Intellectual Property and Why Does It Matter?

Intellectual Property refers to the intangible assets of your business—the things that make your startup unique. This includes:

• Trademarks (brand name, logo, tagline)
  
  
• Patents (innovations, processes, technology)
  
  
• Copyrights (content, software code, designs)
  
  
• Design rights (product shape, packaging, UI/UX)
  
  

For startups, IP is often more valuable than physical assets. Investors, partners, and even acquirers look closely at how well a company has protected its intellectual property before committing money or resources.

Early IP Protection Saves You From Costly Legal Battles

One of the biggest risks startups face is infringement—either someone copying your idea or you unknowingly infringing on someone else’s IP. Both situations can be financially and emotionally draining.

Without early protection:

• Another business can legally register your brand name before you do
  
  
• A competitor can replicate your product with minor tweaks
  
  
• You may receive legal notices forcing you to rebrand or shut down operations
  
  

Securing IP early gives you legal ownership and peace of mind, allowing you to focus on growth instead of courtrooms.

Investors Care About IP More Than You Think

When startups pitch to investors, IP protection is often a silent deal-breaker. Venture capitalists and angel investors assess risk, and unprotected IP equals high risk.

A strong IP portfolio:

• Increases startup valuation
  
  
• Builds investor confidence
  
  
• Shows long-term vision and seriousness
  
  
• Strengthens negotiation power during funding rounds
  
  

This is where guidance from a professional law firm in Ahmedabad or other startup-focused legal hubs becomes crucial, especially for Indian founders targeting both domestic and international markets.

Your Brand Is Your Identity—Protect It Early

Think about how much effort goes into building brand recognition. From your startup name and logo to your website and marketing campaigns—everything ties back to your brand.

If you don’t register your trademark early:

• Someone else can legally use a similar or identical name
  
  
• You may lose years of branding effort
  
  
• Rebranding can cost lakhs and damage trust
  
  

Trademark registration at an early stage ensures your brand identity remains exclusively yours, even as you scale.

IP Protection Helps You Stand Out in a Crowded Market

Today’s startup ecosystem is extremely competitive. Similar ideas launch every day, especially in tech, fintech, healthtech, and D2C sectors.

IP protection helps you:

• Differentiate your offering
  
  
• Create entry barriers for competitors
  
  
• Secure exclusive market rights
  
  
• Build long-term competitive advantage
  
  

Even if your product evolves over time, your protected IP forms a solid foundation that competitors cannot legally cross.

International Expansion Requires Strong IP Foundations

Many Indian startups dream of going global. But entering international markets without IP protection is risky.

Different countries have different IP laws, and without proper filings:

• Your product may be blocked in foreign markets
  
  
• You may lose rights to your own invention abroad
  
  
• International partners may hesitate to collaborate
  
  

Startups that plan early with experienced IP professionals can create scalable IP strategies, making global expansion smoother and safer.

IP Is a Business Asset, Not Just a Legal Formailty

A common misconception is that IP is “just paperwork.” In reality, IP is a commercial asset that can be:

• Licensed for royalty income
  
  
• Sold or transferred during acquisitions
  
  
• Used as collateral in business deals
  
  
• Leveraged in strategic partnerships
  
  

Some startups generate revenue purely through IP licensing. That’s the power of early and strategic IP protection.

When Should Startups Start Thinking About IP?

The short answer: immediately.

Ideal stages to secure IP:

• Before product launch
  
  
• Before pitching to investors
  
  
• Before public marketing
  
  
• Before onboarding partners or vendors
  
  

Early protection is always cheaper, faster, and more effective than trying to fix problems later.

Final Thoughts: IP Protection Is an Investment, Not an Expense

For startups, every rupee counts. But skipping IP protection can cost far more in the long run—financially, legally, and strategically.

By working with the best IP law firms in India, startups can safeguard their ideas, strengthen their brand, and build a business that’s ready for long-term success. IP protection isn’t about fear—it’s about confidence. Confidence that your hard work, innovation, and vision truly belong to you.

Patent Attorney vs Patent Agent: What’s the Difference?

Hey folks! 👋 Today, let's talk about two important terms in the world of patents in India: patent attorney vs patent agent. If you're an inventor, tech startup founder, or simply curious about IP, you’ve probably heard both terms. But what exactly do they mean? And who should you hire for your invention journey? So grab a cup of chai, and let’s get into it!

1. Who is a Patent Agent in India?

➤ Definition & Eligibility

Under the Indian Patent Act, a Patent Agent is someone registered with the Indian Patent Office (IPO) to draft and file patent applications. To become one, you need:

• Indian citizenship, age 21+,
  
  
• A science/engineering/tech degree,
  
  
• And to pass the Patent Agent Exam.
  
  

In 2025, roughly 60% of candidates who appeared in the viva passed. But if you count everyone who registered, the actual pass rate was around 8–9%. Back in 2013, only 25% cleared the exam. It’s pretty tough!

➤ Role & Responsibilities

A patent agent's main job is patent prosecution, meaning they:

• Conduct prior-art searches
  
  
• Draft specifications (provisional & complete)
  
  
• File applications
  
  
• Reply to First Examination Reports (FER)
  
  
• Appear before IPO officials during hearings
  
  

They can help with renewals and amendments too. Basically, they manage your patent application from start to grant.

Who is a Patent Attorney in India?

➤ Definition & Qualifications

Now, the term Patent Attorney has a slightly different meaning in India. It refers to someone who’s an advocate (lawyer), already enrolled with a Bar Council, and may also be a patent agent. In India, it’s not an official title under the Patent Act, but a common usage.

To become a patent attorney, you need:

1. A law degree,
   
   
2. Enrollment with a State Bar Council,
   
   
3. And optionally, pass the Patent Agent Exam if you want to prosecute patents.
   If not, you can still work on litigation without being a patent agent.
   
   

➤ Services Provided

Patent attorneys cover everything patent agents do—plus the power to:

• Represent clients in courts (High Court, Delhi IPAB, Supreme Court)
  
  
• Handle litigation, infringement suits, oppositions
  
  
• Draft licensing, assignment, and infringement notices
  They provide strategic legal advice, not just drafting—aka “the full legal package.”
  
  

Key Differences at a Glance

Criteria	Patent Agent	Patent Attorney
Educational Qualification	Science/Engineering degree + Patent Agent Exam	Law degree + Bar enrolment; may also pass Patent Agent Exam
Registered With	Indian Patent Office	Bar Council of India; can also register as patent agent
Can File Patents	✅ Yes	✅ Yes (if also a patent agent)
Can Represent in Court	❌ No	✅ Yes (only if an advocate)
Can Handle Litigation	❌ No	✅ Yes
Licensing & Contracts	❌ Typically No	✅ Yes
Fee Range	Usually lower (₹25k–₹75k for filing)	Higher (₹50k+) depending on litigation & complexity

 When to Choose Whom?

→ You Need a Patent Filed

Credible filing? Reply to office actions? A patent agent is good and often more affordable.

→ You Anticipate Legal Battle

Infringement, opposition, or you plan to license or assign your IP? Get a patent attorney in India—who can take it to court.

→ Budget & Long-Term Strategy

Patent agents usually charge less, but if legal risk is high, a patent attorney could save you in long run by drafting legally airtight claims or defending your rights in court.

 Can One Person Hold Both Roles?

Absolutely! Many patent attorneys first become agents, then pursue law degrees, and vice versa. So you may find someone both registered with the Patent Office and the Bar Council—ideal if you want one-stop support from filing to enforcement.

 Patent Law Firms 

Leading Indian patent law firms in India often employ both agents and attorneys to offer end-to-end patent solutions:

• Patentability advice
  
  
• Drafting and prosecution
  
  
• IP litigation and dispute resolution
  
  
• Licensing and commercialisation
  
  

Firms work with clients ranging from solo inventors to global multinationals. Partnering with a proficient patent lawyer  India ensures both technical precision and legal strength in your IP.

Tikha Takeaway for Inventors & Startups

1. Need help with patent filing? A patent agent is enough—technical, reliable, and cost-effective.
   
   
2. Worried about legal disputes or enforcing your patent? A patent attorney in India is your go-to.
   
   
3. Looking for one person to handle everything? Find a professional who is both a registered agent and advocate.
   
   

With India’s patent landscape growing fast—80k+ filings, and a booming tech/R&D ecosystem—you want the right help at the right time.

9. Choose Smart—Protect Your Innovation

• Starting only with drafting and filing? Patent agent is fine.
  
  
• If you foresee licensing, monetisation, infringement actions, or global expansion, go for a patent attorney.
  
  
• Either way, make sure they’re registered, experienced in your tech area, and transparent about fees.
  
  

Conclusion: Why Choose Babaria IP & Co.?

When it comes to understanding the real difference between a patent attorney and a patent agent, Babaria IP brings you the best of both. With a team of registered patent agents and qualified patent attorneys, we handle everything—from filing and drafting to legal protection and enforcement.

Whether you're a startup, inventor, or established business, Babaria IP ensures your innovation is protected with the right strategy, technical expertise, and legal backing—all under one roof.

One partner. Complete patent support. Choose Babaria IP & Co.

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.