Ashish Ranjan 29 October 2020

Legal procedures required for startup registration

Hi,

Me and my partner are starting a startup and our company registration is underway. Meanwhile, we are also developing our product and researching the market for it. Because of little legal knowledge, we want to get the following queries cleared up-

1. Our idea is one of a kind, something which does not yet exist in the market. Can we patent the idea to protect it before we're ready to go to market?

2. We couldn't get the company name registered in the name of our product as it was not available. So if we have to trademark, do we have to trademark both our company name as well as product name separately?

3. Do we need a lawyer to draft any bylaws for our company as it is a B2C company and we'll be hiring employees to deliver our service (like uber & zomato)?

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2 Replies

P. Venu (Advocate) 30 October 2020

The facts (rather, the ideas ) are too amorphous for any suggestions to be made.

Pradipta Nath (Advocate) 31 October 2020

1. Idea how can be patented! As there is a chance to get your idea plagiarized better you can take copyright registration over it but in that case even it has to be codified.

2. Company name and product name if registered under the TM Act it implies protection over your brand. It is preferable.

3. Bye laws always may not be drafted by a lawyer, but always better if you get it checked by him/her.