In this era of digitization starting the website can prove to be fruitful. If you have a valuable and unique idea nobody can stop you from becoming successful. In the eagerness of starting a new website very often the entrepreneurs forget to pay due attention to the IPR aspects. That makes them land in legal troubles like levy of hefty penalties, Cease and desist order and the even filing of the legal suit against them. In the end, the business owners end up getting stuck in legal proceedings and devoting a large number of business resources to it. Thus it is highly recommended to invest the modest amount of money to manage the IPR related aspects at an initial stage. Here we have outlined the 5 most common IPR mistakes that most of the website owner tends to make. 1. Not choosing the name that can be trademarked
You have chosen a brand name and using it for years. But when you go for trademark registration you find that your brand name cannot be registered, protected and/or enforced. By selecting the name that cannot be protected you are putting it at a risk of being exploited by competitors. The unprotected brand name can be used by any third party in a deceivingly similar manner and the benefits of your brand name will be availed. Thus, after selecting the brand name make sure to apply and obtain a trademark registration. Also, while making an application choose your trademark class diligently covering the products and services that you are currently using or desire to use in the future. With trademark registration, the owner gets the exclusive rights of usage and distribution rights. Moreover, it can prevent every other third party from using it without the authorization from the owner. 2. Using a Trademark that infringes someone's trademark rights Imagine you have selected a brand name for your website and spent a whopping amount of money in developing the content and marketing strategy according to it. One day you just receive the notice that you are infringing somebody rights to the trademark and you are asked to stop using the name. Now the only options you have is to either rebrand your products or pay the heavy amount of money to lawyers. Thus, before you select a name and invest your money in it make sure to conduct the free public trademark search completely. Initially, you can conduct the search on your own from the official website of the IPR www.ipindia.com and look for the similar name. In case you don’t find any similarity make sure to get it checked by the trademark attorney for the more authentic results. 3. Using copied content It is a very common practice that at the time of developing the website the developer copies the content from another website. As a result, the copyrights of the owner of the website form which the content is copied gets infringed. Now he can sue you for the copyright infringement and ask for the payment of damages. To avoid this make sure to use original content or take permission from the owner if you are using someone else content. This just does not apply to the written content but the images, faces, and names chosen shall be unique. 4. Inconsistency between domain name adoption and trademark registration You have selected the most unique brand and got its registration. But when you for taking its domain name you find that it is unavailable. In such a case if the owner of the domain finds out that you are desperate he would probably ask for the higher amount of money. To avoid this inconsistency make sure to check the availability of the domain name prior to applying for trademark registration. Also, ensure that both brand name and domain name are available. 5. Making vague claims While designing the advertisements especially the comparative one the websites make claims with the conclusive evidence. Moreover, these claims may compare the product with other websites also. After seeing the unjustified campaigns the other Company may file a complaint about false advertising. To prevent this make sure to make the claims that can be backed by the substantial and credible evidence. Moreover, before making claims about the third conduct the complete scientific tests or analyses.
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9/11/2023 10:42:10 pm
Starting a business involves creating a clear business plan outlining your product or service, target audience, and financial projections. Register your business, choose a legal structure, and secure necessary permits and licenses. Develop a brand identity, including a logo and website. Secure funding through personal savings, loans, or investors. Set up a business bank account and track finances diligently. Build a strong online and offline presence, market your business effectively, and continuously assess and adapt your strategies to achieve sustainable growth.
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