Why we picked it This lays out the sequencing question head on for Indian founders: incorporating your company or owning the .com does not give you the brand, only a filing with the Trade Marks Registry does. It is honest that the day you get your Certificate of Incorporation with no trademark filed, your name is still legally up for grabs, and it explains how an individual can file before the company even exists to lock a priority date. A good starting point for deciding what order to actually do things in.
Trademark Registration for Startups in India: A Practical Guide
From Intepat IP by Intepat IP
- Owning the domain and registering the company are separate from owning the brand name in law; only a trademark filing gives you that.
- You can file the trademark in your own name before the company is incorporated, then assign it later, which is the fastest way to lock a priority date.
- If you incorporate first and file the trademark later, your name sits unprotected in the gap, and someone else can file it.