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The Startup Gig

Online Trademark Registration for Startups

Helping Startups from Check-in to Sign-out

trademark

A trademark is a legally protected symbol, word, phrase, design, or combination thereof that distinguishes and identifies the source of goods or services from those of others. Trademarks are used by businesses to establish brand identity and prevent others from using similar marks that may cause confusion among consumers. Once registered with the appropriate governmental authority, such as the United States Patent and Trademark Office (USPTO), trademarks provide their owners with exclusive rights to use the mark in connection with specific goods or services within the jurisdiction where the trademark is registered. Trademarks can be renewed indefinitely as long as they continue to be used and maintained properly.

Trademark Registration For Startups

The trademark registration process for startups follows a similar path to that of any other company or organization registering online. However, the Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce offers a 50% discount on the statutory fee for online trademark registration, specifically to encourage startups to register their trademarks online.

Trademark Registration Online

Why The Startup Gig For Trademark Registration Services

The tedious process of trademark registration online can be made easy with our legal team of experts and professionals. We make the process uncomplicated by providing the following services:

Performing Market Research

Market research is the step in trademark registration online process to identify identical registered marks for similar goods or services

Trademark Class Search

Trademarks are segregated into 45 classes according to the Nice Classification, established under the NICE Agreement (1957). It is necessary to correctly determine the class of trademark to avoid any hindrance caused by the wrong classification.

Documents for Trademark Registration

Registering as a startup or MSME provides the benefit of the subsidiary for the statutory filing fee. This requires obtaining an Udyog Aadhar Certificate, in addition to the other compulsory documents for trademark registration

Filing the application

After the research and compiling documents, the final step in the trademark registration online process is to file the trademark registration online application. This requires filing the TM -A form on the government website along with furnishing the required documents for trademark registration.

Legal Services in case of rejection or objection

After the application is submitted, an examination is conducted by the TMO to determine either the procedural objections or substantive objections which may cause the application to be rejected. In the absence of an objection, the trademark is published in the trademark journal, which is then followed by an opposition period, where an individual or organization can file an objection against the application. 

International filing

For obtaining the protection of a trademark internationally, an application needs to be filed in accordance with the Madrid Protocol. Obtaining the international registration of trademarks grants protection in 94 countries.

Required Documents For Trademark Registration

Trademark registration for startups or other kinds of organizations require the below stated documents to be furnished along with the application for trademark registration online

Conduct a Trademark Search: Before filing for trademark registration, it’s crucial to ensure that your desired trademark is not already in use by another company. This can be done through the trademark database of the relevant authority in your country.

File an Application: Once you’ve confirmed the availability of your desired trademark, you can file an application for registration with the appropriate trademark office. The application will require details about your business, the trademark itself, and the goods or services associated with it.

Examination: After filing, your application will be examined by the trademark office to ensure that it meets all the necessary requirements for registration. This may include assessing the distinctiveness of the trademark and whether it conflicts with existing trademarks.

Publication and Opposition: If your application passes examination, it will be published in a trademark journal or gazette to allow for a period of opposition. During this time, third parties who believe they may be harmed by the registration of your trademark can oppose it.

Registration: Assuming there are no successful oppositions, your trademark will be registered, and you will receive a certificate of registration. This provides you with exclusive rights to use the trademark in connection with the goods or services specified in the registration.

Maintenance: Trademark registration is not indefinite; it requires periodic renewal to remain in effect. Typically, trademarks need to be renewed every few years, depending on the jurisdiction.

Process Of Trademark Registration

Trademark Search: Conduct a thorough search to ensure your desired trademark is available and not already in use by another entity. This helps avoid potential conflicts and rejection of your application.

Application Preparation: Prepare and submit a trademark application with the relevant trademark office. This includes providing details about your business, the trademark itself, and the goods or services associated with it.

Examination: The trademark office will examine your application to ensure it meets all legal requirements for registration. This may involve assessing the distinctiveness of your trademark and checking for any conflicts with existing trademarks.

Publication: If your application passes examination, it will be published in a trademark journal or gazette for a specified period. This allows third parties to oppose the registration if they believe it infringes on their rights.

Opposition Period: During the publication period, third parties have the opportunity to oppose your trademark registration if they have valid grounds for doing so. If no oppositions are filed, your application can proceed to registration.

Registration: Upon successful completion of the examination and opposition stages (if applicable), your trademark will be registered, and you will receive a certificate of registration. This provides you with exclusive rights to use the trademark in connection with the specified goods or services.

Renewal and Maintenance: Trademark registrations typically require periodic renewal to remain in effect. You must keep track of renewal deadlines and comply with any maintenance requirements to maintain your trademark rights.

Importance Of Trademark Registration

Legal Protection: Registration provides legal ownership and exclusive rights to use the trademark in connection with specific goods or services. It serves as prima facie evidence of ownership, making it easier to enforce your rights against potential infringers.

Brand Recognition: A registered trademark enhances brand recognition and distinguishes your products or services from competitors in the market. It helps build consumer trust and loyalty by signaling consistent quality and reliability.

Asset Value: A registered trademark is a valuable intangible asset that can appreciate over time. It adds value to your business and can be licensed, franchised, or sold for profit, contributing to revenue generation and business growth.

Market Expansion: Trademark registration facilitates market expansion by providing nationwide or international protection. It prevents others from using similar trademarks in jurisdictions where you have registered rights, allowing you to expand your business with confidence.

Prevention of Infringement: Registration acts as a deterrent to potential infringers and strengthens your ability to enforce your rights against unauthorized use of your trademark. It enables you to take legal action, including pursuing damages and injunctions, to stop infringement and protect your brand reputation.

Online Presence: In the digital age, where online commerce is prevalent, trademark registration helps protect your brand from cybersquatting and domain name disputes. It allows you to take action against domain names that infringe on your trademark rights.

Global Brand Protection: International trademark registration through mechanisms like the Madrid System enables you to protect your brand in multiple countries with a single application. This streamlines the process and reduces administrative burdens associated with seeking protection in each jurisdiction individually.

Testimonial

Iyer Gayatri
Iyer Gayatri
2023-03-02
I would highly recommend Ms Pooja Terwad and her team .They are very professional and responsive. Pooja is generous with her knowledge and makes sure that all our queries are well attended. Glad to be associated with The Startup Gig.
Aakanksha G Paranjpe
Aakanksha G Paranjpe
2023-02-28
Pooja and the team at The Startup Gig are extremely helpful, prompt and will give you sound legal advice- crucial for any new company. Thanks for always being just a phone call away!
Mantuja Bibi
Mantuja Bibi
2022-12-30
The view Pooja handles her clients is commendable. For my startup..I couldn't have had a better lawyer. She spends a lot of time understanding the issue and then comes up with the best solution. Her team is equally competent. I have worked with Pooja and Shubhi on multiple contracts and transactions.
Aman Dasot
Aman Dasot
2022-09-03
The company has been really helpful and has provided with very professional work and the most commendable part was the friendly guidance through the legalities. Kudos to Pooja and Deekhit:)
Saurabh Gupta
Saurabh Gupta
2022-07-25
Great work by The Startup Gig! We have used their services and they are top notch in their segment. I would highly recommend their services to those who are running a startup and need a modern solution when it comes to legal matters.
Gaurav Srivastav
Gaurav Srivastav
2022-05-31
Pooja is a ball of fire, gets the gist of the conversation quickly and is able to pin point important things to consider accurately. She is also able to give a quick holistic view of the available solutions.
Vaneet Garg
Vaneet Garg
2022-05-25
Very Professional, helpful, listens to you with whole heartedly, Guide you in an efficient and realistic manner. Very satisfied with my interaction with them
Arjun Vijayanarayanan
Arjun Vijayanarayanan
2022-04-15
I had a wonderful experience working with Pooja on a startup exit settlement agreement. All the processes, communications and pricing were all amazing. Their knowledge on all startup related issues/concerns and being flexible working with startups are all key for any startup to collaborate with The startup GIg 🙂 I highly recommend their services and I wish them the best 🙂
binen
binen
2022-04-08
Pooja Terwad was quite responsive and patient enough in dealing my case. Also due to the current situation , she adjusted her schedule to suit my needs and we could do most of our discussion online which was time saving. Thank you so much for all the help that you done for me
Saurabh Agnihotri
Saurabh Agnihotri
2022-04-06
For a startup there are too many things for founders to focus on. Thankfully startup gig reduces your burden for host of services related to legal and compliance and let’s you focus on your core work. It has been a very fruitful relationship for us.
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Frequently Asked Questions For Trademark Registration

When can I use the ™ symbol?
The ™ symbol can be used by business entities on the successful filing of the application. This symbol indicates that the trademark registration application is pending.
What if someone has a similar word trademarked?
To avoid such a situation, the best practice is to perform an in-depth trademark research to identify any previously existing similar marks.
If a similar trademark is filed in the class of goods and services as the existing one, the application may get rejected. However, if it is filed in a different class, the application may get accepted.
Should I file the trademark in my own name?
For an individual, the trademark should be filed in their own name. For organizations, and startups, the trademark should be filed in the name of the entity.
When should you trademark a startup?
After registering the startup and obtaining an Udyog Aadhar Certificate, the trademark registration application should be filed. The Udyog Aadhar Certificate is required to file the trademark application in the startup’s name.
How long does it take to register a trademark?
The total time for the trademark registration online process, including the time taken for preparing the examination report and opposition period, in 6-8 months.