Trademark Registration Process for Startups
The procedure for online trademark registration for startups is
comparable to that for any other company, organisation, firm, etc.
To encourage trademark
registration online for start-ups, the Department
for Promotion of Industry and Internal Trade (DPIIT), which is part of the
Ministry of Commerce, has offered a 50% discount on the statutory cost that
must be paid.
Process of Trademark Registration for
New Businesses
Step 1 - Deciding on a Class for your
Products
You must choose from a list of 45 alternatives for the class that your
product falls under because different trademarks are issued to different types
of goods and services.
A Business Service Provider helps you through the complexities of
choosing the right class for your startup as well as choosing the right class
for you.
Step 2 - Prepare and Document the
Application
You must complete Form TM-I and submit it along with the necessary fees
and supporting documentation to register a trademark in India.
Within two days, you must fill out the form with the permanent allotment
number given by the register.
Documents such as ID proof, a power of attorney, a board resolution,
address verification, the applicant's name, the type of business, and others
are required for filing.
Step 3 - Submit the application to
the Trademark Registry
After submitting the TM-1 form and supporting materials to the Trademark
Registry, the Presiding Officer of the Register Office checks them to ensure
that there are no errors and that the trademark is distinctive.
Additionally, the form may be submitted online at http://www.ipindia.gov.in/, the official trademark register website.
Step 4 -An inspection is carried out
by the Trademark Registrar.
If they discover any similarities or other technical problems with the trademark,
they send it to you for a show cause, which must be submitted within 30
days.
If that is still not sufficient, a hearing will be held to decide the
application's merits.
Step 5 - Publication in Trademark
Journal
Your trademark will be included in the Trademark Journal after the
verifying officer gives it the green light.
Similar to this, you have 90 days to react to any objections made by
third parties after which a hearing will be held and the trademark may be
granted or refused at the registrar's discretion.
Benefits of Trademark Registration
for Startups in India
- A
50% rebate is given to every startup applying for a trademark application.
- The
start-up cost for a company is Rs. 9000 however for a startup it is Rs.
4500 only.
- The government
will bear the facilitation cost of the applicant.
- Patent
filing at a really low cost.
Importance of Trademarks for New
Businesses
Legal Protections
It helps to safeguard a business's intellectual property. You have the
legal right to sue anyone who unlawfully exploits your trademark.
Increases the Profitability of the
Company
Customers are frequently persuaded to buy products due to the enticing
branding or coloured typography. It is impossible to emphasise the importance
of expert logo design, particularly in the digital era we live in today.
Improved Goodwill and Brand
Recognition
By highlighting the product's distinctive qualities through an appealing
logo, design, or text, you can increase the popularity of your product.
This can be accomplished by diversifying its offerings and raising their
value, making itself marketable, or joining the franchising sector through
licencing.
Provides a Sense of Autonomy
A trademark can be used as a crutch; once a start-up has made a name for
itself, it will wish to keep up a good reputation.
A start-up business might wear a protective blanket to soften the blows
of the business by trademarking a name or brand.
It also communicates to others that the firm is being led by genuine
thought, both directly and indirectly.
Reasons for Trademark Rejection of
New Startups
- If
your form contains an 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.
Why New Startup Must Apply for
Trademark?
Priority
By filing for trademark protection, you gain the right to use your logo
before others. If the logo is not protected by a trademark, you may use it
locally.
It is unlikely that you will be able to prevent someone from using a
similar or even a specific logo without registration, even if you used the mark
first.
The value of your brand and your results may be diminished if someone
else uses your logo.
If your logo is protected by a trademark, you can prevent others from
using it.
Lawsuit
When your logo is registered with a logo, you have the legal right to
pursue legal action against anyone who inappropriately uses the mark.
In some cases, possessing the trademarked emblem alone is enough to win
the legal battle. In rare cases, it may even be possible to file criminal charges
against someone for using a trademarked logo improperly.
Money
Having a trademark also gives you the right to sue someone for trademark
infringement and recover damages in court.
Import of Commodities from Abroad
You can also prevent the import of foreign products that might violate
your trademark if it is registered as a trademark. This benefit also
contributes to protecting your brand from eroding.
Foreign Registration
You can register your trademark in additional nations once your company
name or logo has been given such status. Additionally, this enables you to
expand your market and sell your goods abroad.
How Much Does It Cost to Register a
New Trademark?
There are two main costs:
- Trademark
Registration Online Application
- Attorney
Fees
The official fee charged by the Indian trademark office is Rs.
4500 (startups, individuals, and small and medium enterprises – SME’s) and Rs.
9000 (for others) per mark per class.
Decide on your unique brand style or name and logo.
A simple word in the English dictionary that represents your service or
product cannot trademark your company name.
Further, the trademark should be unique and distinctive for your
business.
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