Protecting your business name
Check a name is free before you build on it, and know when a trademark is worth applying for.
5 min read
You will paint your business name on a signboard, print it on bags, build an Instagram page around it and tell every customer. Then, a year in, a letter arrives saying someone else owns that name and you must stop using it. Everything you built under it starts again.
A few hours of checking before you commit to a name avoids most of this.
Registering a business is not owning the name
This surprises people. Getting a GSTIN, a shop registration or Udyam registration in a name does not stop anyone else from using it. Even registering a company or an LLP only stops another company or LLP taking the same name in the register. The thing that gives you rights over a name as a brand is a trademark.
| What you did | What it gives you |
|---|---|
| Registered GST, Udyam or a shop licence in the name | Proof the business exists. No rights over the name. |
| Registered a company or LLP | No other company or LLP can register the same name |
| Bought the domain or social handle | That address only |
| Registered a trademark | The right to stop others using the name for similar goods or services |
Check before you choose
Before you print anything, check four places:
- The trademark register. The Trade Marks Registry is on ipindia.gov.in, and it has a public search. Search your name, and spellings close to it, for the kind of goods or services you sell.
- Google and maps. Search the name with your city and your trade. A shop with the same name two kilometres away is a problem even without a trademark.
- Social media and domains. Is the Instagram handle free? The domain?
- Marketplaces. Search the name on the platforms you might sell on.
A name that describes what you do — "Best Tailors", "Fresh Bakery" — is hard to protect, because others are allowed to describe their business the same way. A distinctive name, or your own name with a twist, is easier to own and easier for customers to remember.
When a trademark is worth applying for
Not every small business needs one on day one. It is worth thinking about seriously when:
- you plan to sell beyond your neighbourhood — online, through shops, or in other cities
- you print the name on packaging or products
- you plan to open a second location or franchise the business
- you are spending real money on advertising the name
A trademark is registered for particular classes of goods and services, so an application must say what you sell. Application is made to the Trade Marks Registry through ipindia.gov.in. Fees, classes and timelines are set by the registry and change, so check them there, or ask a trademark attorney to file for you.
Do not choose a name close to a famous brand, hoping nobody will notice. Big brand owners watch for exactly this, and a small business is the cheapest fight they will ever win. A near-copy also tells customers you are not the real thing.
Use it consistently
Whatever you choose, use the name the same way everywhere: the same spelling, the same logo, on the board, the bills, the bags and the page. A name used consistently is easier for customers to find and easier for you to show as yours if it is ever challenged.
If someone copies you
Keep dated evidence of when you started using the name: first bills, first posts, photographs of the signboard. If someone starts trading under your name, that evidence matters. A lawyer can tell you what to do next; do not start with an angry public post.
Ask the tool below about the name you are considering, and it will help you think through the checks and whether a trademark is worth it for your plans.