In the competitive world of food entrepreneurship, brand identity and trademark considerations can make or break a business before it even gets off the ground. A recent discussion in The eCom Mafia community highlighted these challenges when entrepreneur Favas from Malappuram shared his journey of building India's first mochi ice cream brand.

When Japanese Desserts Meet Indian Markets

Favas is pioneering a unique dessert experience in India - mochi ice cream. For those unfamiliar with this Japanese delicacy, it consists of soft, chewy rice dough wrapped around an ice cream core, creating perfect bite-sized treats that are "not heavy, not junky. Just small bites of excitement," as Favas puts it.

However, his entrepreneurial journey comes with an unexpected challenge: SEO competition with an established footwear brand. "Search 'mochi' on Google and boom, you get shoes. Not snacks," Favas explained to the community.

The Trademark Dilemma

The conversation quickly turned to trademark considerations, with experienced entrepreneurs sharing cautionary tales:

• One member recalled working with a company that launched a toothpaste called "Good Day," only to receive legal notices from Britannia when they tried to scale nationally, forcing them to rebrand to "willywhyte."

• Another mentioned Mahindra's "6E" issue, where Indigo airlines sued the automobile manufacturer, requiring a name change for the car model.

This raised an important question for Favas's mochi venture: Can you establish a food brand with a name already trademarked in a different category?

Navigating Trademark Categories in India

The community wisdom revealed that Indian trademark law is category-specific, potentially allowing the same name to be registered under different classes. As one legal-savvy member pointed out:

"Trademarks in India are category specific, so there's a chance to get it registered, unless the mochi footwear brand registered in food-related classes."

However, others cautioned that even with category separation, established brands with deep pockets could still present challenges. One member suggested using "Something Mochi" as a brand name since mochi itself is a generic food term, potentially avoiding direct trademark conflicts.

Lessons from Other Indian Brands

The conversation took an interesting turn when members shared the story of Paragon Restaurant, which reportedly tried to trademark the name "Calicut" in Dubai, affecting other establishments like Calicut Notebook which had to remove the word from their branding in some locations.

This example highlighted how aggressively some brands protect their naming rights, even when they involve geographic terms, and the potential consequences for smaller businesses.

Key Takeaways for Food Entrepreneurs

For those looking to launch food brands in India, the discussion provides valuable insights:

1. Research thoroughly - Check trademark registrations across categories before settling on a brand name

2. Consider generic descriptors - Using descriptive terms like "mochi" as part of a unique brand name may offer some protection

3. Anticipate challenges - Even with proper registration, be prepared for potential challenges from established brands

4. Seek expert advice - Trademark law is complex; professional guidance is essential

Building a Distinctive Brand Identity

Despite the trademark challenges, Favas's mochi ice cream concept has significant market potential. As one community member who had tried mochi in Thailand noted, the product itself can stand out even if the brand name needs adjustment.

The quality and uniqueness of the product—soft, chewy Japanese desserts with ice cream cores—could differentiate it in the Indian market regardless of naming considerations.

This blog post was created based on an actual discussion in The eCom Mafia community. Some content has been edited for clarity and readability while maintaining the essence of the conversation.