Imagine building a brand that people trust, only to watch others piggyback on your success with deceptively similar names and logos. This is exactly what happened to MakeMyTrip, one of India’s leading travel platforms. Known for revolutionizing the way we book flights, hotels, and holidays, MakeMyTrip earned its reputation through years of innovation, reliable service, and strong customer trust. However, in 2020, companies like MakeMyYatra, MakeMyJourney, and Superb My Trip emerged, not only mimicking its trade name but in some cases even copying its logo. The result? Confused customers, lost business, and potential damage to MakeMyTrip’s hard-earned brand image. MMT filed a trademark infringement case and thankfully, the Delhi High Court intervened according to the intellectual property law, issuing interim orders to restrain these companies from using the infringing names.
On the other hand, consider the story of Pebble, one of the first companies to create smartwatches that truly resonated with consumers. Pebble’s innovative products became a Kickstarter sensation. Yet despite their early success, Pebble didn’t secure strong intellectual property (IP) protections for their innovations. When tech giants like Apple and Samsung entered the smartwatch space with deeper pockets and aggressive IP strategies, Pebble struggled to compete. Without a robust IP foundation to protect their technological edge, they couldn’t sustain their momentum. Eventually, they were acquired by Fitbit in 2016, and their products were discontinued soon after.
Both stories highlight one critical lesson for startups: Intellectual Property isn’t just legal jargon—it’s your safety net. Whether it’s your brand identity, a cutting-edge technology, or even the logo on your website, protecting your IP can mean the difference between scaling successfully and watching others profit from your hard work. In this blog, we’ll explore why IP rights matter for startups, how to protect your ideas effectively, and what lessons you can learn from brands that got it right—and those that didn’t.
What is Intellectual Property Rights (IPR)?
Intellectual Property Rights (IPR) are like a security blanket for your ideas.. Think of it as a way to say, “Hey, this is my creation, and you can’t copy it without permission!” Without IPR, anyone could steal your hard work, profit from it, or even claim it as their own. For startups, protecting your ideas isn’t just smart—it’s essential for growth, credibility, and staying ahead of competitors.
When it comes to safeguarding your startup’s ideas, there are four major types of Intellectual Property Rights you should be aware of. These are patents, copyrights, trademarks, and trade secrets. Each serves a different purpose, yet together, they form a comprehensive defense for your business.
Patents
They protect inventions, whether it’s a groundbreaking product, process, or technology. Consider Dyson with its unique vacuum technology or Tesla’s electric car innovations. A patent grants you exclusive rights to produce, sell, or license your invention, typically for 20 years. In India, patent involves submitting an application through the Indian Patent Office. The application includes details of your invention, claims, and technical drawings. Without patents, competitors can easily copy your hard work and leave you struggling to keep up. This was much like what happened with Pebble when giants like Apple entered the smartwatch market.
Copyright
This form of protection covers creative works—books, music, software code, films, and even marketing content. For example, the Indian edtech startup Unacademy protects its original educational videos, course materials, and app content under copyright. This prevents unauthorized reproduction or distribution by competitors. In India, copyrights are registered with the Copyright Office. Here you submit your work along with basic details and a nominal fee. Copyright registration ensures your creative assets aren’t stolen or misused. This is crucial for startups building a unique brand story and content-driven business mode
Trademarks
These provide trademark rights such as protecting brand elements such as logos, names, slogans, or even distinctive product packaging. Think of the instantly recognizable Zomato logo or Nike’s iconic swoosh—both are trademarked. Registering a trademark in India is done through the Trademark Registry. There you provide details about your brand elements, the class of goods or services, and pay the required fee. You can also protect your brand or website by using the search trademark. They help customers distinguish your brand from competitors, which was at the core of MakeMyTrip’s legal battle against companies trying to ride on its brand’s success.
Trade Secret
Trade secrets differ from patents or copyrights because they aren’t registered formally. They include confidential business information such as formulas, algorithms, customer lists, or unique strategies—think of Coca-Cola’s secret recipe or Google’s search algorithm. In India, trade secrets are protected through strong contractual agreements like Non-Disclosure Agreements (NDAs) and internal security practices. For startups dealing with proprietary algorithms or business models, safeguarding these secrets is critical, as exposure can mean losing their competitive edge overnight.
Together, these intellectual property tools create a safety net for your startup, ensuring that your innovations, brand identity, and creative assets remain secure. However, it’s equally important to recognize that not every idea requires IP protection.
When IP Protection Might Not Be Necessary
Filling for IP rights is often very expensive, and in some cases, it might not be worth it. For example, if you’re a technology startup and invent a gadget that will become obsolete in six months, the time and money spent patent filing may not be worth it. Additionally, IP enforcement can be complex and expensive, especially across international borders. In such cases, focusing on rapid innovation, strong branding, and being first to market can offer better returns than a portfolio of legal documents. It’s all about balancing protection with practicality.
Conclusion
For startups, Intellectual Property Rights are essential for long-term success, not just legal formalities. Patents protect innovation, trademarks secure brand identity, copyrights safeguard creative assets, and trade secrets keep strategies confidential. A strong IP strategy prevents copycats, builds credibility, and creates competitive advantages. IP protection isn’t always necessary in fast-moving industries, but knowing when and how to secure ideas is crucial.
Stay tuned for our next blog, where we’ll explore various government schemes related to filing IP rights in India, designed to support startups in their innovation journey.
