Below is a founder-friendly, practical guide to protecting your startup’s brand, content, and ideas—without over-lawyering or wasting money early on.
Protecting Your Brand (Name, Logo, Identity)
a) Choose a Protectable Name
Avoid names that are:
- Generic (“Online Payments”)
- Descriptive (“Fast Email App”)
- Confusingly similar to competitors
b) Register a Trademark (When It’s Worth It)
A trademark protects your brand identity in commerce.
- File in India first if India is your primary market
- Start with the word mark (name) before the logo
- You don’t need massive scale—but you should have:
- A live product, or
- Clear launch plans
In India, trademarks are handled by Controller General of Patents, Designs and Trade Marks (via the IP India office)
Protecting Your Content (Code, Designs, Writing, Media)
a) Copyright Is Automatic in India (But Don’t Be Casual)
The moment you create:
- Code
- UI/UX designs
- Website content
- Pitch decks
- Videos
…it is automatically protected under Indian copyright law.
b) Make Ownership Explicit (Critical for Indian Startups)
In India, IP does NOT automatically belong to the company unless assigned.
You must use written agreements for:
- Co-founders
- Employees
- Consultants
- Freelancers
Include:
- IP assignment clause
- “Work made in course of employment” language
- Confidentiality obligations
c) Open-Source Code: Be Extra Careful
Indian SaaS startups often miss this.
- Track all open-source components
- Understand license differences (MIT vs GPL)
- Avoid strong copyleft licenses if you want proprietary products
- Maintain an open-source disclosure list
Protecting Your Ideas (What Indian Law Does & Doesn’t Protect)
a) The Reality Under Indian Law
Ideas alone cannot be protected
Execution, expression, and inventions can
What is protectable:
- Patents (novel, technical inventions)
- Trade secrets
- Source code, designs, documents
b) When to Consider Patents in India
A patent may make sense if:
- You’ve built a technical solution (not just a business method)
- It’s hard to reverse-engineer
- It gives real long-term advantage
Indian realities:
- Software patents are restricted
- Business methods alone are not patentable
- Drafting quality matters enormously
Patents in India are also handled by Controller General of Patents, Designs and Trade Marks
c) NDAs: Use Them Wisely in India
NDAs are useful for:
- Employees & contractors
- Technology partners
- Potential acquirers
NDAs are not useful for:
- Pitching Indian VCs or angels
- Protecting weak or easily replicable ideas
Courts enforce NDAs, but only if they are reasonable and specific.
Protecting Trade Secrets & Know-How (Very Underrated in India)
Trade secrets are often the most practical protection for Indian startups.
If it gives you an edge and isn’t public:
- Treat it as a trade secret
Do this early
- Limit access (need-to-know)
- Use confidentiality clauses
- Secure repos, documents & credentials
- Revoke access immediately on exit
A Simple India-Specific Startup IP Checklist
First 30 Days
- Finalise brand name after trademark search
- Secure domains & social handles
- Execute founder IP assignment agreements
Month 2–6
- Use employment & contractor IP clauses
- Track all contributors & code sources
- Lock internal access and repositories
After Traction or Funding
- File trademark application in India
- Evaluate patent feasibility (if tech-heavy)
- Clean contracts for VC due diligence
To develop a deeper and more structured understanding of the subject, you may refer to the following resource.
