Trademark Registration For Startups
Documents For Trademark Registration
2. Proof of registration of business – One of the most essential documents for trademark registration is the proof of registration of business. This may vary according to the type of business organization. For instance, trademark registration for startups requires them to provide either an incorporation certificate or a Udyog Aadhar registration certificate, if the startup is registered as an MSME, for partnership firms an incorporation deed may be required for the trademark registration online process.
The nature of the business should be described along with the documents for trademark registration. This includes providing a brief description of the business activity being carried under the brand name or logo for which protection is sought through trademark registration. This helps identify the correct class of the business.
3. Signed Form 48 – Form 48 is an authorization from the applicant to a Trademark Attorney for filing the trademark application on their behalf for the trademark registration online process.
4. Identity proof of the applicant – In addition to the above-required documents for trademark registration online, the applicant must provide identity proof including, without limitation, a driver’s license, aadhar card, and passport.
5. Address proof of the applicant – The applicant must also provide proof of his place of residence by furnishing an address proof for trademark registration online.
Process Of Trademark Registration
2. After submission, the application is queued for examination, which includes the examination of:
(a) Classification of goods or services;
(b) Relative ground of refusal of registration;
(c) Absolute grounds for refusal of registration;
(d) Series mark.
3. After the examination is completed, an examination report is furnished to the applicant with or without objections as per law.
4. If no objections are recorded as per law and the application is approved, the next step is publication. The trademark is published in the Trade Mark Journal to make the application public. Any person may file an opposition against the published trademark within 4 months.
5. If any objections are raised, the applicant is required to provide a response within one month.
6. On receiving the response, the authorized officer scrutinizes the application and the raised objection, and the application is either accepted or rejected after giving the applicant an opportunity of being heard.
7. If after publication, no objection is raised within the prescribed period of 4 months from the date of publication, a registration certificate is issued to the applicant within three weeks from the expiration of the 4-month wait period.
8. Although, if the application is objected to by any person within 4 months of publication in the Trade Marks Journal, the objection is required to be disposed of in accordance with the procedure of the court of law.
Importance Of Trademark Registration
2. Building a unique identity: It takes time to build a brand. Having a registered trademark gives you a proprietary right to use the mark registered under the registered class. A brand that has a unique identity must be registered as every business needs a brand or logo that stands out and to build goodwill, which differentiates the brand from that of its competitors. Hence, a registered trademark gives a unique identity to the brand.
3. Intangible Asset: Having a registered trademark increases the value of the business as it is a valuable, intangible asset that keeps appreciating over time as the business scales its operations.
4. Protection against infringement: Under the Trademark Act, a registered trademark becomes a legally protected asset. Hence, empowering the owner to challenge the unauthorized use of a similar or confusing brand name, and stop unauthorized third parties from using the particular mark.
5. Perpetual Existence
Once a trademark is registered, the protection granted to the registered trademark is perpetual, and not limited to a certain period, subject to renewal every 10 years.
Frequently Asked Questions For Trademark Registration
When can I use the ™ symbol?
What if someone has a similar word trademarked?
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.