For a startup brand comes
under one of the most
important assets for the company and the company name
and logo is connected with that brand.
Startups generally invest a lot of time in thinking about the right creative name for the company and
developing that name as a brand. A lot of marketing is done with the company
name. But all these will go in vain if you have not registered your Trademark.
This mistake can turn very costly for the any startup.
For brand’s uniqueness it is necessary to protect a brand legally and
commercially. This is necessary to ensure that no new brand come up in the
market which is similar to already existing brand. From a legal point of view
in the long run it is necessary for a brand’s uniqueness, development and
achievement. A trademark is generally a unique word, symbol, letter, name or
logo which is used to differentiate one’s product from another’s. Prior to
registration, a trademark search is done to ensure that there is no other
organisation with a similar trademark, which may cause confusion in public.
Advantages of Trademark
Registration:
1.The owner of Registered Trademark will
enjoy exclusive right over the trademark. The owner of the Trademark can use it
for all the product falling under the applied class. The owner can stop anyone
from unauthorised use of the trademark.
2.The
Trademark will make the quality of your product and services through the
trademark, to reach everyone.
This will help you create a permanent customer base and will establishes trust.
3.It
makes your product identity unique different from your competitor and thus
customer could easily recognise your product.
4.Registered
trademark is an intangible asset which gives the Trademark right to be sold,
assigned, franchised or commercially contracted.
5.Once
registered you could use the symbol ® with your Trademark which shows your
Trademark is registered.
6.Your
unique image of the Trademark will be applicable for 10 years after which you
could renew it.
7.If you want to expand your business outside
India then the Trademark registration in India can be used as basis of
registration there.
How to Register a
Trademark:
1.Choosing a Trademark:
Completion Time: 1 Day
The most important thing is to choose a
unique and distinctive mark that could represent your company. You could check
on trademark records registry to ensure that trademark does not resemble or is
identical any previously registered mark. This can be done by going to online
website of the Controller general of patents, designs and trademarks and there
you have to choose the option to do a public search. There are 45 classes of
goods and services under which the trademark can be registered and you have to
choose which class do you belong to. Classes belonging to 1-34 are for goods
and classes 35-45 are for service.
2. Filling of Form TM-1:
Completion Time: 2 Days
Cost: For Individuals and Companies registered under MSMEs - Rs. 4,500 (per application
per class)
Other than above Rs. 9,000/- (Rs. Nine Thousand Only)
Once you are sure that your Trademark is
not already registered with Trademark Registry India, you can opt for
registering the same. The next step is to file a trademark application form at
the Trademark Office, India which are located at Chennai, Delhi, Mumbai,
Kolkata. But applying offline is not preferable nowadays, filing is mostly done
online.
While filing the application you have two
options:
·You
could file for a trademark under “one” class which implies that your trademark
is registered only for the specific class that you have chosen. In this case,
you have to fill in form TM-1. The fee applicable for filing form TM-1 is
rupees 3,500.
·If
you are filing for multiple classes or series trademark, or collective
trademark then you need to fill in form TM-A. This form will allow you to
register the trademark in more than one class. Two separate cost brackets are
applicable for this form:
a. You have to pay rupees 9,000 for
e-filing of the from or rupees 10,000 if you file the form in person if you are
not a start-up, small enterprise or an individual.
b. If you are an individual, small
enterprise or a start-up then you are applicable to pay Rupees 4,500 for
e-filing of the form or rupees 5,000 for filing form physically.
Once you file the application, an
official receipt is immediately issued for future reference. The trademark
status of your application can be seen online.
Documents required
during a trademark application:
i.Business Registration Proof: This depend on the basis of your registered business which means
whether your business is sole proprietorship and so on, company’s directors'
identity proof and an address proof have to be submitted. In case the business
is sole proprietorship business, id proof of the proprietor which include PAN
card, Aadhar card can be submitted. If it is a company, the address proof of
the company needs to be submitted.
ii. Soft copy of the trademark.
iii.The
proof of claim of proposed trade mark.
iv.Power of attorney which is signed by the
applicant.
3. TM Examination:
Completion Time: 1-2 months
After the application for trademark is
filed, the Registrar will examine the trademark for its uniqueness and for any
discrepancies. This may take around 1-2 months. It is possible that the
Registrar might accept the trademark absolutely, conditionally, or may raise
objection on the trade mark.
The trademark will get published in the
Trademark Journal, if the trade mark is accepted unconditionally. If it is not
accepted then, the examination report will contain the conditions which need to
be fulfilled or the objections raised would be mentioned in it. You would be given
a months' time to fulfil the requirements or response to the objections.
If
your response is finally accepted than the Trademark will get published in the
Trademark Journal. But if due to some reason the response is not accepted, you
can request for a hearing. If during the hearing, the Registrar feels that the
trademark should be allowed for registration, then your Trademark will get
published in the Trademark Journal.
4. TM Publication:
The step of publication comes within the
trademark registration procedure this is because if there is anyone who objects
to the registration of your trademark gets the opportunity to oppose
publication of the Trademark. If for four months from publication, no objection
is filed then the trademark proceeds for registration. In case of an
opposition, there will be a hearing, and the Registrar will give decision
regarding the Trade mark.
5. Registration
Certificate:
Once the application is forwarded for
trademark registration, and has been published in Trademark Journal. Finally, a
registration certificate is issued by the Trademark Office with the seal of the
Trademark Office, India.
6. Trademark Renewal:
The trademark is valid for ten years and
can be renewed perpetually after every ten years.
This blog is written by Mr. Saransh Pandey. Saransh is intern with Chamber of Startups. If you want to register your trademark contact our advisors at 9999500137 or 011-47557111.
For a startup brand comes
under one of the most
important assets for the company and the company name
and logo is connected with that brand.
Startups generally invest a lot of time in thinking about the right creative name for the company and
developing that name as a brand. A lot of marketing is done with the company
name. But all these will go in vain if you have not registered your Trademark.
This mistake can turn very costly for the any startup.
For brand’s uniqueness it is necessary to protect a brand legally and
commercially. This is necessary to ensure that no new brand come up in the
market which is similar to already existing brand. From a legal point of view
in the long run it is necessary for a brand’s uniqueness, development and
achievement. A trademark is generally a unique word, symbol, letter, name or
logo which is used to differentiate one’s product from another’s. Prior to
registration, a trademark search is done to ensure that there is no other
organisation with a similar trademark, which may cause confusion in public.
Advantages of Trademark
Registration:
1.The owner of Registered Trademark will
enjoy exclusive right over the trademark. The owner of the Trademark can use it
for all the product falling under the applied class. The owner can stop anyone
from unauthorised use of the trademark.
2.The
Trademark will make the quality of your product and services through the
trademark, to reach everyone.
This will help you create a permanent customer base and will establishes trust.
3.It
makes your product identity unique different from your competitor and thus
customer could easily recognise your product.
4.Registered
trademark is an intangible asset which gives the Trademark right to be sold,
assigned, franchised or commercially contracted.
5.Once
registered you could use the symbol ® with your Trademark which shows your
Trademark is registered.
6.Your
unique image of the Trademark will be applicable for 10 years after which you
could renew it.
7.If you want to expand your business outside
India then the Trademark registration in India can be used as basis of
registration there.
How to Register a
Trademark:
1.Choosing a Trademark:
Completion Time: 1 Day
The most important thing is to choose a
unique and distinctive mark that could represent your company. You could check
on trademark records registry to ensure that trademark does not resemble or is
identical any previously registered mark. This can be done by going to online
website of the Controller general of patents, designs and trademarks and there
you have to choose the option to do a public search. There are 45 classes of
goods and services under which the trademark can be registered and you have to
choose which class do you belong to. Classes belonging to 1-34 are for goods
and classes 35-45 are for service.
2. Filling of Form TM-1:
Completion Time: 2 Days
Cost: For Individuals and Companies registered under MSMEs - Rs. 4,500 (per application
per class)
Other than above Rs. 9,000/- (Rs. Nine Thousand Only)
Once you are sure that your Trademark is
not already registered with Trademark Registry India, you can opt for
registering the same. The next step is to file a trademark application form at
the Trademark Office, India which are located at Chennai, Delhi, Mumbai,
Kolkata. But applying offline is not preferable nowadays, filing is mostly done
online.
While filing the application you have two
options:
·You
could file for a trademark under “one” class which implies that your trademark
is registered only for the specific class that you have chosen. In this case,
you have to fill in form TM-1. The fee applicable for filing form TM-1 is
rupees 3,500.
·If
you are filing for multiple classes or series trademark, or collective
trademark then you need to fill in form TM-A. This form will allow you to
register the trademark in more than one class. Two separate cost brackets are
applicable for this form:
a. You have to pay rupees 9,000 for
e-filing of the from or rupees 10,000 if you file the form in person if you are
not a start-up, small enterprise or an individual.
b. If you are an individual, small
enterprise or a start-up then you are applicable to pay Rupees 4,500 for
e-filing of the form or rupees 5,000 for filing form physically.
Once you file the application, an
official receipt is immediately issued for future reference. The trademark
status of your application can be seen online.
Documents required
during a trademark application:
i.Business Registration Proof: This depend on the basis of your registered business which means
whether your business is sole proprietorship and so on, company’s directors'
identity proof and an address proof have to be submitted. In case the business
is sole proprietorship business, id proof of the proprietor which include PAN
card, Aadhar card can be submitted. If it is a company, the address proof of
the company needs to be submitted.
ii. Soft copy of the trademark.
iii.The
proof of claim of proposed trade mark.
iv.Power of attorney which is signed by the
applicant.
3. TM Examination:
Completion Time: 1-2 months
After the application for trademark is
filed, the Registrar will examine the trademark for its uniqueness and for any
discrepancies. This may take around 1-2 months. It is possible that the
Registrar might accept the trademark absolutely, conditionally, or may raise
objection on the trade mark.
The trademark will get published in the
Trademark Journal, if the trade mark is accepted unconditionally. If it is not
accepted then, the examination report will contain the conditions which need to
be fulfilled or the objections raised would be mentioned in it. You would be given
a months' time to fulfil the requirements or response to the objections.
If
your response is finally accepted than the Trademark will get published in the
Trademark Journal. But if due to some reason the response is not accepted, you
can request for a hearing. If during the hearing, the Registrar feels that the
trademark should be allowed for registration, then your Trademark will get
published in the Trademark Journal.
4. TM Publication:
The step of publication comes within the
trademark registration procedure this is because if there is anyone who objects
to the registration of your trademark gets the opportunity to oppose
publication of the Trademark. If for four months from publication, no objection
is filed then the trademark proceeds for registration. In case of an
opposition, there will be a hearing, and the Registrar will give decision
regarding the Trade mark.
5. Registration
Certificate:
Once the application is forwarded for
trademark registration, and has been published in Trademark Journal. Finally, a
registration certificate is issued by the Trademark Office with the seal of the
Trademark Office, India.
6. Trademark Renewal:
The trademark is valid for ten years and
can be renewed perpetually after every ten years.
This blog is written by Mr. Saransh Pandey. Saransh is intern with Chamber of Startups. If you want to register your trademark contact our advisors at 9999500137 or 011-47557111.
