Trademark Registration Process for Startups in India

Trademark Registration Process for Startups in India

Trademark Registration Process for Startups in India

The trademark registration process in India involves several steps, from conducting a search to filing the application and obtaining the registration certificate. Here’s a breakdown of the process:

1. Conduct a Trademark Search

Before applying for a trademark, it is crucial to ensure that your proposed trademark is unique and not already registered by another business. A trademark search helps you:

• Avoid legal conflicts and rejection of your application due to similarities with existing trademarks.

• Check the availability of your desired mark (name, logo, slogan) in the Indian Trademark Database.

You can conduct the search online through the IP India Website or consult a trademark attorney to assist you in performing a comprehensive search.

2. Determine the Trademark Class

India follows the Nice Classification System, which divides goods and services into 45 different classes:

• Classes 1-34 relate to goods.

• Classes 35-45 relate to services.

  
  

You need to apply for trademark registration under the appropriate class based on your business activities. If your business operates in multiple industries, you may need to file in multiple classes.

3. File the Trademark Application (Form TM-A)

Once you’ve ensured that the trademark is available and chosen the correct class, you can file the Trademark Application. There are two options:

• Offline filing: Submit the application to the Trademark Registry Office.

• Online filing: The application can be filed through the IP India Website using a Digital Signature Certificate (DSC).

  
  

The application must include:

• Applicant’s name: This could be the startup entity, an individual, or both in case of co-ownership.

• Address of the applicant.

• Description of the trademark: This includes the brand name, logo, or slogan.

• Class of goods/services: Based on the classification relevant to the business.

• Trademark representation: A visual depiction of the trademark (logo, text, or combination).

• Power of Attorney (if applicable): If a legal representative or trademark agent is filing on your behalf.

• Applicable fees: The fees for individuals/startups and small enterprises are lower than for large companies.

  
  

Upon submission, the application is assigned an Application Number, allowing you to track its status online.

4. Examination of the Trademark Application

Once the application is filed, it is examined by the Trademark Office to check for compliance with the Trade Marks Act, 1999 and to determine whether the trademark is registrable. The examination includes:

• Checking for distinctiveness.

• Assessing similarities with existing trademarks.

• Ensuring that it doesn’t fall under prohibited categories (e.g., offensive marks, marks that are misleading or generic).

  
  

After examination, one of the following may happen:

1. Accepted without objections: The application proceeds to the next stage of publication.

2. Accepted with conditions: The Registrar may issue an Examination Report stating objections or requesting amendments.

3. Rejected: If the mark doesn’t meet the criteria, the application can be rejected.

   
   

If objections are raised, you have to respond within 30 days. A hearing may be required in case of further objections.

5. Publication in the Trademark Journal

If the Trademark Office accepts the application (with or without conditions), it is published in the Trademark Journal for public review. This allows others (third parties) to oppose the registration if they believe your trademark infringes on their rights. The opposition period lasts for 4 months.

• If no opposition is raised during this period, the trademark proceeds to registration.

• If opposition is filed, a hearing is held where both parties present their cases, and the Trademark Office decides whether to grant the trademark.

6. Issuance of Trademark Registration Certificate

If no opposition is raised or if the opposition is resolved in your favor, the Registrar issues the Trademark Registration Certificate. This grants you exclusive rights over the trademark for 10 years from the date of application.

7. Trademark Renewal

A registered trademark is valid for 10 years and can be renewed indefinitely every 10 years by filing a renewal application (Form TM-R). It is advisable to file the renewal application 6 months before the expiry date to avoid any penalties or risks of cancellation.

Trademark registration is more than just a legal requirement for startups; it's a crucial strategy to safeguard their brand's future and competitive position in the market. By navigating the registration process and utilizing its benefits, startups can protect their intellectual property, establish a robust market identity, and cultivate lasting brand loyalty. Engaging an experienced trademark attorney is recommended to ensure a seamless registration process and to effectively handle any potential legal challenges.

Disclaimer: This article is provided solely for informational purposes and should not be considered as legal advice. For accurate legal guidance, please consult a qualified professional.

This Article was written by Tanya Shree A-O-R Supreme Court of India