Why Founders Should Trademark Their Name Early in Business

Why Founders Should Trademark Their Name Early in Business?

If you’re a startup founder, chances are your name already appears on pitch decks, LinkedIn updates, and maybe even in news mentions. In India’s fast-growing startup world, your personal name can become a brand in itself. But are you protecting it?

One smart way to do that is by registering your name as a trademark. It’s not just for celebrities. If you’re building a business and your name is part of how people recognize you, then this step can protect your identity and future ventures.

What is a Personal Name Trademark?   

A personal name trademark gives you the exclusive right to use your name in a specific business category. It prevents others from copying or profiting from your name in that area.

Example: If “Divya Menon” is an online coach, and she registers her name under Class 41, only she can use that name commercially in education or training services.

Why Founders Should Register Early   

  1. Your Name Gets Noticed Before Your Brand

In early stages, people connect more with you than your startup’s name. This means your name carries value. Others could misuse it if you haven’t protected it.

  1. India Follows a ‘First to File’ Rule

Even if you’ve used your name for years, someone else could file it before you. Then you may have to fight legal objections or stop using your own name.

  1. Helps Avoid Branding Conflicts Later

As you grow, your name shows up in contracts, events, and media. Having a registered trademark helps prevent reputation damage from copycats or similar-sounding brands.

  1. Supports Future Personal Ventures

If you plan to write a book, start a podcast, or run consulting under your name, a trademark makes it easier to expand and protect those activities.

  1. Your Name Stays Yours Even if the Startup Changes

Startups often pivot, shut down, or get acquired. But your personal brand continues. A trademark ensures you can use your name for future ventures.

Who Can Register Their Name?   

You can apply for a personal name trademark if:

  • Your name is linked to a product or service

  • You can show proof of use (like a website, LinkedIn, or YouTube channel)

  • Your name is not too generic or the same as a public figure

Tip: Add your field to the name (e.g., “Anuj Sharma Legal”) to increase your chance of approval.

Process to Trademark Your Name in India   

  • Search for Availability

Use the official IP India portal (ipindia.gov.in) to check if someone else has already filed your name.

  • Select the Right Trademark Class

Choose a class that matches your profession:

  • File the Application

You can file it online through the IP India portal or through a service provider like Ebizfiling.

  • Respond to Examination or Objections

The Registry may raise Trademark Objections, especially for common names. You’ll need to reply properly to move forward.

  • Wait for Publication and Registration

If no one opposes your mark during the publication period, it gets registered, and you receive your certificate.

 Costs and Validity   

  • Government Fee: ₹4,500 per class (for individuals or startups)

  • Professional Fee: ₹3,000 to ₹8,000 depending on the service provider

  • Validity: 10 years from registration date; renewable forever

Real Examples from India   

  • Narendra Modi – Registered for political services and branded merchandise

  • Shahrukh Khan – Owns the rights to his name and initials

  • Baba Ramdev – Uses his name across his business and spiritual ventures

These examples show how personal names can grow into powerful business assets.

Common Myths Debunked   

  • “I’m not famous yet. Do I really need this?”
    Yes. It’s better to register now than regret it later when someone else files your name.

  • “Isn’t this only for celebrities?”
    No. Founders, coaches, influencers, and freelancers often rely on their name to build a following. They benefit from this just as much.

  • “I already own the domain name, isn’t that enough?”
    No. A domain name doesn’t give you trademark rights. Only registration under Indian trademark law does.

FAQs

1. Can I trademark my name even if I’m just starting out?

Yes. As long as you use your name for business or services, you can apply; even in the early stages.


2. What happens if someone else trademarks my name first?

They could block you from using your name in that business category. You might have to oppose their filing or give up your branding.


3. Does this apply to initials or signatures too?

Yes. You can trademark initials, unique fonts, or even your stylized signature if it’s used in your branding.


4. Can I register my name under multiple categories?

Yes. You can apply in different classes depending on your current or future activities.


5. Will this trademark work outside India?

Not automatically. But you can use your Indian trademark to apply in other countries through international systems like the Madrid Protocol.


6. What if I change my name later?

The trademark stays valid unless you abandon it. You can also update or assign the trademark to reflect changes.


7. Can my company register the trademark instead of me?

Yes. This works better if your brand is part of a business that may be sold or licensed in the future.


8. Can I use ™ before the name is officially registered?

Yes. Once you file the application, you can start using ™. The ® symbol can only be used after registration is granted.


9. What if someone else starts using my name after I file?

You can send them a notice and oppose any applications they file. Your earlier filing date gives you priority.


10. Can two people trademark the same name?

Only if they are in completely different fields. Otherwise, the person who files first gets the legal rights.

About Ebizfiling -

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Author: dhruvi

Dhruvi Darji is a Content Writer at Ebizfiling who turned her passion for writing into a full-time career. She holds a Bachelor's degree in Computer Applications from KSV University and has been writing content professionally since 2023. Over time, she has worked on various topics and enjoys creating simple, clear, and helpful content that helps people gain a better understanding. She also holds a 7-band IELTS score, reflecting her strong grasp of language and communication. Beyond work, Dhruvi enjoys journaling and crafting stories.

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