Trademark Registration for Startups in India

Trademark Registration for Startups in India

Startups :

Startups are newly established companies or ventures that are typically characterized by their innovative and scalable business models. These companies are often founded by entrepreneurs who seek to introduce disruptive products, services, or technologies into the market. Startups are known for their high-growth potential and their ability to rapidly scale their operations. They typically have limited financial capital, a small team of founders, and a strong emphasis on experimentation and iteration. Startups often seek external funding from venture capitalists, angel investors, or through crowdfunding platforms to fuel their growth. Startups are characterized by their entrepreneurial spirit, agility, and focus on disruptive innovation, with the aim of creating scalable and impactful businesses.



Importance of Trademark for Startups

Trademark play an important intangible asset for any Startup as it enhances valuation and competitiveness. Startups with limited resources can thrive and compete against established players only through innovation and protection of its intellectual property rights. Hence, the Startup India Action Plan has laid out various measures for facilitation, protection and registration of trademarks, patents and designs by Startups.

Trademark Registration for Startups Process

Do intensive Research for the Trademark
Before applying for registration, conduct a thorough search to ensure that your proposed trademark is unique and not already registered or pending registration. To ensure that your trademark is not similar to any other registered trademark, you should do research. You can visit the official website of IP India and enter the wordmark, tagline, color mark, class along with the description of the goods.
Choosing a class for your products
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.  
Application Preparation and Documentation process
Once you have confirmed the availability of your trademark, you can proceed with filing the application. You can file the application online through the Trademark Registry's website or submit a physical application at the appropriate regional office. To register trademark in India, you should fill out form TM-I along with certain fees and documents. In the form, you should mention the permanent allotment number given by the registry within two days. The documents required for filing are ID proof, Power of Attorney, Board Resolution, Address Proof, Name of the applicant, Business type, etc.
Submission of the form to the Trademark Registry
After submitting the TM-1 form and documents to the Trademark Registry, the Presiding Officer of the Register Office examines the form to ensure that it is error-free and the trademark is unique. The Trademark Registry will assess the application for compliance with the relevant rules and regulations. They will also check for any conflicting marks or objections from third parties.
Inspection by the Trademark Registrar
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.
Publication in Trademark Journal
If the application clears the examination, it will be published in the Trademark Journal. The purpose of publication is to allow third parties to oppose the registration within a specified period (usually four months). 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.
Registration
If there is no opposition or if the opposition proceedings are in your favor, your trademark will be registered. You will receive a registration certificate, and your trademark will be valid for ten years from the date of filing the application.

Importance of Trademark registration for startups

Legal protection
It helps in protecting the Intellectual property of the business. If someone uses your trademark, then you can file a lawsuit against them.
Increases profitability of the firm
The buyers are often fascinated by the attractive design of the logo or colored texts and are impelled to buy the products. The importance of Brand Logo Designing by Professional Designer is significant especially in today’s digital age.
Increased Goodwill and brand image
You can portray the unique characteristics of the product by designing an attractive logo, design, or text and increase popularity.

Benefits of Trademark Registration for Startups in India:
  1. A 50% rebate is given to every startup applying for a trademark application for Trademark Registration process for start-ups
  2. The start-up cost for a company is Rs. 9000 however for a startup it is Rs. 4500 only.
  3. The government will bear the facilitation cost of applicant
  4. Patent filing at a real low cost.




Created & Posted by Sony Garg

Accountant at TAXAJ


TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/BusinessTrademark & Brand RegistrationDigital MarketingE-Stamp Paper OnlineClosure of BusinessLegal ServicesPayroll Services, etc. For any further queries related to this or anything else visit TAXAJ

 

Watch all the Informational Videos here: YouTube Channel

 

TAXAJ Corporate Services LLP

Address: 1/11, 1st Floor, Sulahkul Vihar, Old Palam Road, Dwarka, Delhi-110078

Contact: 8961228919 ; 8802812345 | E-Mail: connect@taxaj.com


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