Securing a trademark is crucial for startups to safeguard their brand identity. Below is a step-by-step guide to the trademark registration process in India.
1. Trademark Search: Before applying, it’s important to check if someone else is already using or registering the trademark you want. You can easily do this by searching on the official website of the Controller General of Patents, Designs, & Trade Marks or by getting some professional help with JustStart. This step helps you avoid any legal issues later.
2. Choose a correct trademark class: Trademarks are categorized into 45 classes, with 34 for goods and 11 for services, based on different business activities. Determine the class that fits your business. If necessary, you can register your trademark in multiple classes.
3. Filling out the application: You can submit the trademark application either offline or online through the official government website. The application must include.
- Applicant’s name
- Business address
- Trademark details (such as a logo or wordmark)
- The trademark class
- Description of goods or services
- Date of first use (if it’s already in use)
To register a trademark, you’ll need to fill out Form TM-A, in which proper details need to be filed.
4. Pay government fees:
- ₹4,500 for individuals, startups, and small enterprises (for each class)
- ₹9,000 for others (for each class)
5. Examination of Application: After you submit your application, the trademark office will review it to make sure it follows the rules. They will check if your trademark is similar to any existing ones and decide if it’s unique enough to be approved.
6. Publication in Trademark Journal: If your application clears the review, it will be published in the Trademark Journal. This lets the public see it and, if they believe your trademark conflicts with theirs, they can file an objection. The time allowed for objections is 4 months. If no one objects, your trademark moves forward in the process.
7. Registration & Issuance of Certificate: If no one objects, or if any objections are settled in your favor, your trademark will be registered. You’ll then receive a Trademark Registration Certificate, giving you the exclusive right to use the trademark.
Benefits of Trademark Registration for Startups in India
Trademark registration online provides many benefits for startups in India, including:
- Exclusive Rights: It gives you the sole right to use your brand’s name or logo, preventing others from using anything similar and protecting your brand’s uniqueness.
- Brand Protection: A registered trademark ensures that your startup’s logo, name, or tagline is safe from being copied or misused by competitors, helping you stand out in the market.
- Legal Security: If someone uses your registered trademark without permission, you can take legal action to stop them, safeguarding your business’s reputation.
- Builds Trust: A trademark shows professionalism, helping to earn trust from customers, investors, and partners, and strengthens your brand’s credibility.
- Valuable Asset: Over time, your trademark can become a valuable asset that adds value to your business in case of mergers, sales, or expansions.
- International Expansion: Once registered in India, you can also use your trademark to expand into other countries, helping protect your brand globally.
- Tax Benefits: In some cases, the cost of registering a trademark and building your brand can be used as tax deductions.
Importance: Trademark Registration Online in India for Startups
Trademarks are crucial for startups as they protect brand identity, prevent misuse, and build trust, ensuring legal security and market distinction. We’ve outlined the top four essential reasons why trademarking your business name and logo is a must.
- Trademarks instantly enhance the value of your brand.
- Trademarks can provide lasting protection for your brand.
- Trademarks offer businesses a geographic advantage by protecting their brand in specific regions.
- Trademarks help avoid significant financial losses.
Reasons for Trademark Application Rejection
Here are the main reasons why a trademark registration can be rejected, explained in simpler terms:
1. Too Similar to Existing Trademarks: If your trademark looks or sounds too much like another one that’s already registered, it can be rejected. This prevents confusion among customers.
2. Not Unique Enough: A trademark needs to be unique. If it’s too common or generic (like using “Best Shoes” for a shoe company), it may be rejected because it doesn’t stand out enough.
3. Descriptive Terms: If your trademark simply describes what the product is (like “Sweet Candy” for a candy brand), it won’t be accepted. Descriptive terms need to stay open for everyone to use.
4. Misleading or Confusing: A trademark can’t mislead customers about what your product or service is. For example, calling your product “Organic Delight” when it’s not organic would be considered deceptive and rejected.
5. Offensive or Inappropriate Content: Trademarks with offensive words or images, or anything that violates public decency, are not allowed.
6. Incorrect Application: If you make mistakes when filling out the trademark application, like choosing the wrong category for your product or missing information, the application can be denied.
7. Someone Else Is Already Using It: Even if another business hasn’t officially registered a trademark, they might still be using it. If that’s the case, they could block your registration.
8. Too Similar to Famous Brands: If your trademark is too similar to a famous brand, it can be rejected, even if the famous brand doesn’t sell the same type of products. This is to stop others from taking advantage of well-known brands.
9. No Proof of Use: Sometimes, you need to show that you’ve already used the trademark in business. If you can’t prove this, your registration might not be approved.
To avoid rejection, it’s important to choose a unique and distinct trademark, follow all the application rules, and ensure your mark doesn’t conflict with existing ones.
How JustStart helps you
Secure your startup’s identity and stand out in the market with trademark registration—your key to exclusive rights, brand protection, and long-term success in India!
You can file for a trademark yourself, but hiring a trademark attorney from JustStart can help manage any complexities, especially if objections come up.
