Intellectual PropertyTrademarks

Trademark Registration process for start-ups

The trademark registration for startups is similar to the process for trademark registration online for any other company, organization, firm, etc. However, the Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce, has provided a 50% concession in the statutory fee required to be paid for trademark registration online to promote trademark registration online for start-ups.

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The Process: Trademark Registration for Startups

1.Choosing a category for your goods

Different trademarks are assigned to various sorts of goods and services, so you must select a class for your product from a list of 45 options.

Vakilsearch assists you with the class selection process as well as the intricacies of locating the ideal class for your startup.

2. Process of preparing and documenting an application

In order to register a trademark in India, you must complete Form TM-I and submit it together with specific fees and documentation. You must provide the permanent allotment number provided by the register within two days in the form. ID evidence, Power of Attorney, Board Resolution, Address Proof, Name of the Applicant, Business Type, and other documents are necessary for filing.

Vakilsearch provides professional support with application filing and takes care of the rest.

3. Submitting the form to the Trademark Registry.

The Presiding Officer of the Register Office checks the TM-1 form and documents after they are submitted to the Trademark Registry to confirm that they are error-free and that the trademark is distinctive. Further, the form can also be filed online at the official trademark registry website http://www.ipindia.gov.in/

VakilSearch takes care of the entire filing process for you.

REGISTER YOUR TRADEMARK NOW

4. The Trademark Registrar conducts an inspection

In case they find any similarities or other technical issues with the trademark, they send it for your show-cause which has to be filed within 30 days and if still not found satisfactory, a hearing will be conducted to determine the merits of the application.

5. Publication in a journal

If the verifying officer approves your trademark, it will be published in the Trademark Journal. Similarly, if there are objections raised by third parties you have to respond to the same by 90 days after which a hearing shall be conducted and the trademark can either be rejected or accepted depending on the discretion of the registrar.

Benefits of Trademark Registration for Startups in India:

  • 50% rebate is given to every startup applying for trademark application
  • The start up cost for a company is Rs. 9000 however for a startup it is Rs. 4500 only.
  • Government will bear the facilitation cost of applicant
  • Patent filing at a real low cost.

Importance – Trademark for Startups

Legal safeguards

It aids in the protection of a company’s intellectual property. If someone uses your trademark, you have the right to sue them.

Increases the firm’s profitability

Buyers are often enticed to purchase things because of the appealing design of the brand or coloured lettering. The significance of professional logo design, especially in today’s digital age, cannot be overstated.

Increased brand image and goodwill

You can improve product popularity by portraying the product’s unique traits through an appealing logo, design, or text. This can be realized through: Diversifying its products or services and increasing their value, by putting themselves available for sale or entering the franchising industry through licensing.

Provides a sense of autonomy:

A trademark can act as a crutch; once a start-up has established itself, it will want to maintain a positive reputation. By trademarking a name or brand, a start-up company can wear a protective blanket to cushion the blows of the business. Moreover, it notifies others, both directly and indirectly, that true thought is guiding the firm.

Reasons for rejection of trademark registration

  • If your form contains incorrect name, details, or incomplete information, then the Trademark Registering sends a notice within 30 days.
  • Likewise, if the trademark is similar to any other registered trademark, then the verifying officer rejects the form. Then, you should quickly draft a response to the objection and resubmit the form.

How Vakilsearch helps you:

  1. Choosing an unique trademark for your start-up that is non-identical and minimizes the chance of objections later.
  2. Further, choosing the right trademark class as per the needs of your organization.
  3. Preparing and arranging all the required documents.
  4. Guiding with the technicalities of online and offline filing process
  5. Keeping a track of necessary dates and sending reminders
  6. Filing accurate response to the objections raised and providing legal support in the hearing process against third-parties to save your trademark.

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