Startups have limited assets and their own name or the name of their Product/Solution is one of the first assets they create. It is not easy to coin a non conflicting name these days and many Startups dont realize that they have either coined a name that is too descriptive (of what they do) or confusingly similar to some other registered brand name. This leads to a frustrating situation wherein the priceless resources of entreprenurs are drained. These are some of the problem statements of Startups that we as Trademark Lawyers have heard in the past 6 months:
My brand name is being used by someone else.
I have received an email from XYZ that I can no longer use my brand name as it belongs to them in the first place.
My Trademark Application is refused or objected
I have received a Notice from XYZ that I should stop using my Brand Name as it is causing a confusion with customers of the XYZ
If you are a startup and you are facing above mentioned challenges, you are required to look into your Trademark Strategy. Many startups fail to appreciate a “Trademark Strategy” early in the business lifecycle and end up loosing rights over the goodwill that they have created with their brand name. There are many others who do not understand the Legal logic of strong and weak trademarks and end up coining a name that decribe their business itself.
As a Start-up recognized by DPIIT, you are entitled for Professional support by DPIIT for registration of their Trademarks. What that means is your Trademark Lawyer’s fee will paid out by DPIIT.
We are one of the leading Trademark facilitators appointed by DPIIT to support Start-ups in Trademark registration proceedings wherein the Start-up is entitled to avail 50% discount on Government fees and need not pay any professional fee to the Trademark facilitator (us). Please note that the scheme offers discount on Government fee applicable at the time of filing of the Trademarks as well as free of cost professional support by way of facilitators like us, the scheme is not a reimbursement scheme of expenses that you may incur and may have already incurred. For assisting every new Startup, DPIIT pays us a Professional fee of Rs. 2000 after filing and another Rs. 5000 after registration of the Trademark.
We have so far filed more than 2500 Trademarks for 700+ DPIIT Recognized Start-ups from across India
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Government Fee Payable for registering One Trademark in One Class: is Rs. 4500 per mark per class (inclusive of 50% discount, the actual fee is Rs. 9000) and Rs. 550 towards Stamp duty on the Power of Attorney
This scheme is a sub-scheme of StartupIndia Scheme and it is called as Startup Intellectual Property Promotion Scheme. 31st March 2023 is the expiry date of this scheme.
If you would like us to assist your organizarion to file Trademarks under this scheme please fill up this form.
https://zfrmz.com/FACn5wA2BICwnuaMYXmF
If you’ve already filled up the Trademark Filing request form, we would like you to watch the following instructional video that will assist you to get the best out of the Trademark registration process. The video explains the procedure to fill up the form, and answers frequently asked questions. It also helps you in finding appropriate classes for your trademarks.
Further Reference links:
The steps for filing Trademark with us are explained in the image provided below.
Entire Trademark registration is an online process with well defined stages like Formalities Check, Examination, Publication, Hearing (for some cases) and Registration. Indeed the registration certificate is also a PDF and no paper copy certificates are issued anymore. As part of the facilitation under the scheme, we shall take care of the objections if any raised by the Trademark Registry and attend the hearings that are required to be attended. In some cases if hearing can be attended over video-conference, we will not charge any professional fee from startups, however in other cases where there isn’t any option for attending hearings over video-conference we charge a nominal fee to cover our expense towards travel and time. Please note that the scheme does not cover the cost of opposition proceedings that you wish to file on other party’s trademarks or oppositions that may be filed against your trademarks.
If you have any other queries, kindly contact us on tm@stratjuris.com
*DIPP (Department of Industrial Policy and Promotion) has now changed to DPIIT (Department for Promotion of Industry and Internal Trade).
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