• Startup ip protection

Hello,
We are an internet tech startup with the hardware involved. We are building on the domain name, which if required to change, could cause a lot of trouble. Hence we need IP protection. However, the startup is not registered. We wanted a temporary or low cost and less time-consuming solution for it, like the patent-pending for software + hardware and unregistered trademark for the brand name and logo.

Is it possible to have IP protection on a person's name and later transfer it to a private limited?
What protection should we go for? Is unregistered trademark and patent pending good initial means of protection which can be later be converted to a more permanent solution.?
Asked 4 years ago in Intellectual Property

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20 Answers

Please approach an established entity in the same process of business and enter into an MOU for technology, technical and marketing strategies on such terms and conditions as agreeable by both of you.

In mean time you may apply to all competent authorities for registration of your entity, business, license etc.

After compliance of all essential ingredients and legal formalities you would become a separate entity to control and conduct your business with sovereignty and with  legitimacy as per due process of law of the land.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

IP can not be made static and for your own benefit or safety from hacking internet service providers keep changing it.

You can patent the software if you develop it as well as acquired trademarks for your brand name but the same is not possible for the IP.

In other words lawfully there is no temporary solution on the line you are seeking for. 

Devajyoti Barman
Advocate, Kolkata
23222 Answers
514 Consultations

For an unregistered trademark if someone uses your mark it is only passing off and not infringement. Infringement can only be off a registered trademark. In simple terms, if you are compelled to go to court tomorrow, you have a more concrete proof if your trademark is registered while for unregistered one where action lies for passing off, the  burden of proof of being the original owner and creator of trademark, as well as it's long time usage as well as harm caused to you by its usage all has to be shown by you to have a case decided in yout favour. In a registered trademark case is in your favour from the first day.

For a pending patent no one can now come and make a similar software since you have already initiated process of patent officially. If anyone objects to the patent they have to show they made it before you which is very tough and usually the first inventor to file rule is followed. Patent pending is basically a warning to everyone to not copy your software.

Trademark being an asset can be transferred/assigned as and when and to whomever the owner of the trademark wants.

Varun Bhandari
Advocate, Kanpur
86 Answers

Hi

Since the cost of registering the patent under present Indian laws is less than cost of registering the patent in name of Company, it is better to register the patent in the name of One of the promoter.

Also the application for  unregistered trade mark for brand name and logo in the name of the same person.

Once the patent is registered then the person can 

a) Transfer the patent to company , subject to valuation of patent by an approved valuer  and also payment of capital gains by the individual. 

alternatively

b) The person can enter in to an exclusive agreement for use of technology with the start up he is associated for a fixed tenure and claim royalty for use of technology based on his pending patent / approved patent.

So, that way the individual and the start up are both protected from patent and trademark infringement by competitors, employees and also prevent instances of any hostile take over etc.

Hope this information is useful.  

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Unregistered trademark is not protected or secured. 

You cannot claim damages against the person who infringes you trademark rights if has got it registered to his name in the meantime 

 

The patent can be transferred at a later stage following the requisite formalities. 

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

Yes it possible for holding the IP protection by an individual and later transfer it to a company. 

Unregistered tm is no protection 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir/Madam,

In the start up,  the various hurdles of the different kinds are to be overcome and hence you are suggested to be of  dynamic personality and such changes over as thought by you are quite possible as per growth of the system.  

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

It can be done if later a pvt ltd company is formed

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

1. Yes an individual can register a trade mark and copyright and later assign transfer same to company or firm.

2. See for safety and protection registration is mandatory otherwise it may lead to litigation. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Unregistered trademarks do not have any protection.

 Patents and patent applications can be transferred by various methods. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Yes it is possible to get IP protections on personal name and it can he later sold or transfer on name of firm.

Yes you should get your temporary trade mark which can be later converted to permanent registered trade mark. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

You can register a trademark on your name abd later transfer it to the company or a firm. Go for a registered trade mark.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You can take the copy right of the same of you have a original and unique idea. But got general start up you will not get a copy right protection. At the most you can protect your trademark if any

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

1. Yes you can make an agreement having strict confidentiality and non disclosure clause. You can make a detailed agreement with client or freelancers having strict privacy policy and all the detailed clauses.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Non disclosure and non compete agreement can be entered into to protect your interests 

Ajay Sethi
Advocate, Mumbai
96943 Answers
7822 Consultations

- A registered trademark is an important asset for a business used to protect the company's investment in the brand or symbol.

- It is better to apply and get the trade mark registered at the time of setting up a company, as it is used to distinguish the owners’ products or services from those of its competitors.

- Hence, by way of unregistered trade mark , you cannot claim for I P protection. 

- Yes, an IP Protection can be transfer to a pvt ltd. 

- Strong Non-Disclosure Agreements.should be executed. 

Mohammed Shahzad
Advocate, Delhi
14515 Answers
221 Consultations

You need well organized work force under legally registered entities to safeguard all your interest, titles, occupations, business and legal rights to defend or sue defaulters, mischievous person etc.

First and foremost step is to create an entity legally to establish control of business under one umbrella through group of experts and professionals to protect all of you legally from all concerned individuals, group of individuals, Associations etc.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Registered trademark, Patent and a nda should be made.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

The agreements should be on name of startup if firm is providing freelance work.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

The NDA or NCA are mere agreements, which may get unfiltered at a later stage, i.e., the action of entering or gaining access to an organization or place surreptitiously, especially in order to acquire secret information or cause damage, and in the absence of legal protection through patent or trademark protection acts, you may not be able to fight for it legally.

This NDA may not be able to take action against the infringement.

Your patents (unprotected) would be available freely in the market, you cannot claim it proprietorial too. 

You should not hesitate for adopting legal process to protect your rights and your had=rd work through legal protection.

Just to avoid expenses in this regard, you will be ending up losing a chunk of your earnings or hard work.

 

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

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