The process for trademark registration for startups is similar to that of trademark registration for any company, organization, firm, etc. The Department for Promotion of Industry and Internal Trade (DPIIT) in the Ministry of Commerce has provided a 50% concession on the statutory registration fee required for online trademark registration so that start-ups can register trademarks online.
Trademark Registration Process for startups
1. Selecting a product category
As different trademarks are assigned to different types of goods and services, you must choose a class for your product from a list of 45 options.
We at Vakilsearch assist you with the process of selecting the appropriate class for your startup, as well as with the nuances involved in finding the right class.
2. Process of Documentation and preparation of applications
A trademark must be registered in India by submitting Form TM-I along with fees and documentation. The permanent allotment number must be supplied in the form within two days of receiving it from the register. Documents needed to file include identification, power of attorney, board resolution, address proof, applicant name, business type, and other documents.
During the application filing process, Vakilsearch provides professional support and takes care of the rest.
3. Submitting the trademark registration form.
Presiding Officers of the Register Office check TM-1 forms and documents after they are submitted to the Trademark Registry to ensure that they are error-free and that the trademark is distinctive. Furthermore, the form can also be filed online at the official trademark registration.
4. The Trademark Registrar inspects
The office will send the trademark over for a show-cause, which must be filed within 30 days. If the show-cause is not satisfactory, a hearing will be conducted to determine the merits of the application.
5. Published in a journal
The trademark will be published in the Trademark Journal if the verifying officer approves it. In the same manner, if third parties raise objections, you must respond to those within 90 days after which a hearing will be conducted and the trademark can either be rejected or accepted, depending on the discretion of the registrar.
Trademark registration benefits startups in India
- as every startup applying for a trademark gets a 50% discount
- A startup costs only Rs. 4500 compared to a company which costs Rs. 9000.
- The government will cover the applicant’s facilitation costs.
- A low-cost patent application.