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Read more about Trademark Application facilitation under Startup India….

  • 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.
  • 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 free of cost Professional support by DPIIT for registration of your Trademarks.

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. 2000 after registration of the Trademark.

We have so far filed more than 1100 Trademarks for 250+ DPIIT Recognized Start-ups from across India

  • Fee Payable for registering One Trademark in One Class: Government Fees – 4500 INR per mark per class (inclusive of 50% discount, actual fee is Rs. 9000) and Rs. 550 towards Stamp duty on the Power of Attorney.
  • DPIIT Pays us our Professional fee of Rs. 2000, for Filing Trademarks on your behalf.

Now that 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: 

TM classification search: click here; 

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).

List of Startups that we have already facilitated:

1 NIVRITI SOLUTIONS GLOBAL PVT. LTD. ANDHRA PRADESH 124 NEXUS LEARNING PRIVATE LIMITED MAHARASHTRA
2 PRAKRIYA ENTERPRISES PVT LTD ANDHRA PRADESH 125 OUTRIGHT DELIGHT SERVICES PRIVATE LIMITED MAHARASHTRA
3 8TH SENSE TECHNOLOGIES PRIVATE LIMITED ANDHRA PRADESH 126 PENTATION ANALYTICS PRIVATE LIMITED MAHARASHTRA
4 CYBERCINATICS PRIVATE LIMITED ANDHRA PRADESH 127 PERIWINKLE TECHNOLOGIES PVT. LTD. MAHARASHTRA
5 QUANT SOLAR TECHNOLOGIES PRIVATE LIMITED ASSAM 128 PHYNART TECHNOLOGIES PRIVATE LIMITED MAHARASHTRA
6 GEIOSIS EARTHING PRIVATE LIMITED ASSAM 129 POD CONCEPTIONS SERVICES PVT.LTD. MAHARASHTRA
7 AGN DIGITAL SERVICES PVT. LTD. BIHAR 130 POLYGOMMA INDUSTRIES PRIVATE LIMITED MAHARASHTRA
8 AURIGA INNOVATIVE LABS PVT. LTD CHATTISGARH 131 AIRPIX GEOANALYTICS PRIVATE LIMITED MAHARASHTRA
9 ADYA IT CONSULTING PVT. LTD. DELHI 132 PRAYOGIK TECHNOLOGIES LLP MAHARASHTRA
10 LUCIDEUS TECH PVT. LTD. DELHI 133 AKXA TECH PRIVATE LIMITED MAHARASHTRA
11 MYCLOUDBAZAAR MARKETPLACE PRIVATE LIMITED DELHI 134 REPOS ENERGY INDIA PVT LTD MAHARASHTRA
12 NAVADVIPA NATURALS AGRO PRIVATE LIMITED DELHI 135 SAI-SUSTAINABLE AGRO & RURAL DEVELOPMENT PRODUCTS PRIVATE LIMITED MAHARASHTRA
13 OYESHOP RETAIL PRIVATE LIMITED DELHI 136 SARAL IDEAS-BADA IMPACT LLP MAHARASHTRA
14 PRAVAM CONSULTING INDIA PRIVATE LIMITED DELHI 137 SECTONA TECHNOLOGIES PRIVATE LIMITED MAHARASHTRA
15 PRAXIAN GLOBAL PRIVATE LIMITED DELHI 138 SHREEYANSH DB SOFTWARE PRIVATE LTD MAHARASHTRA
16 QUARKME ONLINE SERVICES LLP DELHI 139 SQUAREONE INSIGHTS PVT LTD MAHARASHTRA
17 RUSTICITY SOLUTIONS PRIVATE LIMITED DELHI 140 STERILE WORLD TECHNOLOGIES LLP MAHARASHTRA
18 SAFEVIEW MEDIA PRIVATE LIMITED DELHI 141 SUCHET AGRO LLP MAHARASHTRA
19 SHIPSKART MARINE PRIVATE LIMITED DELHI 142 1HEALTH INTEGRATED SERVICES PRIVATE LIMITED MAHARASHTRA
20 SUNNY CORPORATION PVT. LTD. DELHI 143 APPYHAPPY SOFTWARE PRIVATE LIMITED MAHARASHTRA
21 SUNSPLASH ENTERTAINMENT PRIVATE LIMITED DELHI 144 SYNTHERA BIOMEDICAL PRIVATE LIMITED MAHARASHTRA
22 SURGITECH HEALTHCARE PRIVATE LIMITED DELHI 145 TCW TEA PRIVATE LIMITED MAHARASHTRA
23 TATTVA JOURNEYS LLP DELHI 146 ARCHDAIS NETWORK PRIVATE LIMITED MAHARASHTRA
24 THIRD CULTURE ENTERTAINMENT PRIVATE LIMITED DELHI 147 THE ZERO BRAND ZONE PRIVATE LIMITED MAHARASHTRA
25 TROIKA TRANSSOLUTIONS PRIVATE LIMITED DELHI 148 TIGER TECH SMART LIVING PVT LTD MAHARASHTRA
26 UFONE HEALTHCARE PRIVATE LIMITED DELHI 149 TRANS IQ TECHNOLOGIES PRIVATE LIMITED MAHARASHTRA
27 UPSTABLISH FOOD TECHNOLOGIES PRIVATE LIMITED DELHI 150 UFONY SERVICES PRIVATE LIMITED MAHARASHTRA
28 USEKIWI INFOLABS PRIVATE LIMITED DELHI 151 VIKREED SOLUTIONS PRIVATE LIMITED MAHARASHTRA
29 YEXPLORE PRIVATE LIMITED DELHI 152 VISIONIKS SOLUTIONS PRIVATE LIMITED MAHARASHTRA
30 BOXOUT.FM PRIVATE LIMITED DELHI 153 VPHRASE ANALYTICS SOLUTIONS PRIVATE LIMITED MAHARASHTRA
31 CAPRICORN IDENTITY SERVICES PVT. LTD DELHI 154 ASTONISHING CONSULTANCY SERVICES PVT LTD MAHARASHTRA
32 CITY EXPLORERS PRIVATE LIMITED DELHI 155 WOLF REGALOS PRIVATE LIMITED MAHARASHTRA
33 DIGITAL AGENTS INTERACTIVE PVT LTD DELHI 156 ATOMBERG TECHNOLOGIES PVT. LTD. MAHARASHTRA
34 DTWELVE SPACES PRIVATE LIMITED DELHI 157 BASIKSENSE TECHNOLOGIES PRIVATE LIMITED MAHARASHTRA
35 EARTHSOURCE SUSTAINABLES PRIVATE LIMITED DELHI 158 BOSTINA SERVICES PRIVATE LIMITED MAHARASHTRA
36 ECOMAXGO LLP DELHI 159 BRONTOO TECHNOLOGY SOLUTIONS INDIA PRIVATE LIMITED MAHARASHTRA
37 FUTURE REMITTANCE SERVICES CORPORATION PRIVATE LIMITED DELHI 160 CK ENTERPRISES AND AGRO EQUIPMENTS PRIVATE LIMITED MAHARASHTRA
38 GREY SWIFT PRIVATE LIMITED DELHI 161 COBODH CONTENT LLP MAHARASHTRA
39 HAIDEN TECHNOLOGY PRIVATE LIMITED DELHI 162 COGO FREIGHT PRIVATE LIMITED MAHARASHTRA
40 INDIQUS TECHNOLOGIES PRIVATE LIMITED DELHI 163 COLLECTIVE LIMITLESS AMBITIOUS SMART SOLUTIONS (OPC) PVT LTD MAHARASHTRA
41 INNOFLAPS REMEDY PRIVATE LIMITED DELHI 164 COMFORT PRODUCTS PRIVATE LIMITED MAHARASHTRA
42 INTELLOVATE TECHNOLOGIES PRIVATE LIMITED GUJARAT 165 COOLBERG BEVERAGES PRIVATE LIMITED MAHARASHTRA
43 ROYAL GABAT FOOD SCIENCE AND TECHNOLOGY LLP GUJARAT 166 COSMO BUSINESS NETWORKING LLP MAHARASHTRA
44 SAVY ELECTRIC VEHICLES PRIVATE LIMITED GUJARAT 167 DESTACAR BRANDVISIBLE TECHNOLOGIES PRIVATE LIMITED MAHARASHTRA
45 SHILPMIS TECHNOLOGIES PVT. LTD. GUJARAT 168 DOXBAY DATACORP PRIVATE LIMITED MAHARASHTRA
46 TUCANA LIGHTS PVT. LTD. GUJARAT 169 ACAIRA TECHNOLOGIES PVT LTD MAHARASHTRA
47 DISTRESS BRICKS PRIVATE LIMITED GUJARAT 170 EFFICIENERGI CONSULTING PVT. LTD MAHARASHTRA
48 FLYCATCHER TECHNOLOGIES LLP GUJARAT 171 ENERGIA WELLBEING PVT. LTD MAHARASHTRA
49 JOCOSE ENTERPRISES PRIVATE LIMITED HARYANA 172 EXOCAN HEALTHCARE TECHNOLOGIES PRIVATE LIMITED MAHARASHTRA
50 MAM INDIASHOPPS SOULTIONS PRIVATE LIMITED HARYANA 173 ACCOPS SYSTEMS PRIVATE LIMITED MAHARASHTRA
51 NUTRITATVA FOODS PRIVATE LIMITED HARYANA 174 EZ LIFE RETAIL PRIVATE LIMITED MAHARASHTRA
52 SKILL CUBE PRIVATE LIMITED HARYANA 175 FACLON LABS PRIVATE LIMITED MAHARASHTRA
53 SKOOL STORES PRIVATE LIMITED HARYANA 176 H2H GLOBAL MEDIA TECH PRIVATE LIMITED MAHARASHTRA
54 VIDHI TECHINNOVATION OPPORTUNITIES NETWORK PRIVATE LIMITED HARYANA 177 IBG FINCON SOLUTIONS PRIVATE LIMITED MAHARASHTRA
55 ZYMBIA INTERACTIVE TECHNOLOGIES PRIVATE LIMITED HARYANA 178 IEYZE CORPORATION PVT. LTD. MAHARASHTRA
56 AVICONN SOLUTIONS PRIVATE LIMITED HARYANA 179 IKRAAN TECHNOLOGY PRIVATE LIMITED MAHARASHTRA
57 INCREDO FASHION PRIVATE LIMITED HARYANA 180 INCEPTOR TECHNOLOGIES PRIVATE LIMITED MAHARASHTRA
58 TRUEVET ANIMAL NUTRITION PRIVATE LIMITED JAMMU AND KASHMIR 181 MEDIOCTOR SOLUTIONS PRIVATE LIMITED ORISSA
59 10COSINE TECH SOLUTIONS PRIVATE LIMITED KARNATAKA 182 PHOENIX ROBOTIX PVT LTD ORISSA
60 INTESSENCE TECHNOLOGIES PRIVATE LIMITED KARNATAKA 183 PRANTAE SOLUTIONS (OPC) PVT. LTD ORISSA
61 IVTREE IT SOLUTIONS PRIVATE LIMITED KARNATAKA 184 SWARGADWARA SERVICES PVT LTD ORISSA
62 MAGVEH ENERGY RECOVERY SYSTEMS PVT LTD KARNATAKA 185 CZERO ELECTROMOTIVES AND ECOSYSTEMS PRIVATE LIMITED ORISSA
63 MPLIFIRE ONLINE SALES AND SERVICES PRIVATE LIMITED KARNATAKA 186 PULSEBAY PRIVATE LIMITED PUDUCHERRY
64 NAKA FOODS PVT. LTD KARNATAKA 187 BALARADJOU TECH LLP PUDUCHERRY
65 NEXTSCM SOLUTIONS PRIVATE LIMITED KARNATAKA 188 AGRONXT SERVICES PRIVATE LIMITED PUNJAB
66 NIRAMAI HEALTH ANALYTIX PRIVATE LIMITED KARNATAKA 189 OSMOTIV LABS PRIVATE LIMITED PUNJAB
67 OON GLOBALCOM PRIVATE LIMITED KARNATAKA 190 SAINT  SITA RAM INNOVATION PVT. LTD. PUNJAB
68 OZAP CREATIVE LABS LLP KARNATAKA 191 WHITESPACE ORGANIC SOLUTIONS PRIVATE LIMITED PUNJAB
69 PARAM PEOPLE INFOTECH SOLUTIONS PRIVATE LIMITED KARNATAKA 192 NEWNDRA INNOVATION PVT. LTD. RAJASTHAN
70 PARKINGRHINO ONLINE SERVICES PRIVATE LIMITED KARNATAKA 193 ROAD2TRAVEL LLP RAJASTHAN
71 PATHFRONT CONSULTING SERVICES PRIVATE LIMITED KARNATAKA 194 TAPRI RETAIL LLP RAJASTHAN
72 PREDIBLE HEALTH PRIVATE LIMITED KARNATAKA 195 TELLMATE HELPER PRIVATE LIMITED RAJASTHAN
73 RENAURA WELLNESS PVT LTD KARNATAKA 196 ENERSOL BIOPOWER PRIVATE LIMITED RAJASTHAN
74 RISING TIGER SOFTWARES PRIVATE LIMITED KARNATAKA 197 HTTPCART TECHNOLOGIES PRIVATE LIMITED RAJASTHAN
75 RISKILLA SOFTWARE TECHNOLOGIES PRIVATE LIMITED KARNATAKA 198 UNTAPPED TECHNOLOGIES PRIVATE LIMITED SIKKIM
76 SAAHAS WASTE MANAGEMENT PRIVATE LIMITED KARNATAKA 199 JURU YOGA PRIVATE LIMITED TAMIL NADU
77 SAMPLYTICS TECHNOLOGIES PVT LTD KARNATAKA 200 M/S. PURIUS NANOSYSTEMS PRIVATE LIMITED TAMIL NADU
78 ANB FUELS PRIVATE LIMITED KARNATAKA 201 SALIEABS ELECTRONICS ENGINEERS LLP TAMIL NADU
79 SHUHARI TECH VENTURES PRIVATE LIMITED KARNATAKA 202 SPIEZ WEB SERVICES PRIVATE LIMITED TAMIL NADU
80 TARDID TECHNOLOGIES PVT LTD KARNATAKA 203 SUNHAARV ENERGY PRIVATE LIMITED TAMIL NADU
81 TONSE TECHNOLOGIES PRIVATE LIMITED KARNATAKA 204 TORBIT TECHNOLOGIES PRIVATE LIMITED TAMIL NADU
82 TRASHCON LABS PRIVATE LIMITED KARNATAKA 205 YAATHUM BIOTECH PRIVATE LIMITED TAMIL NADU
83 TURTLE SHELL TECHNOLOGIES PRIVATE LIMITED KARNATAKA 206 EDSIX BRAIN LAB PRIVATE LIMITED TAMIL NADU
84 UNITARY TECHNOLOGIES PRIVATE LIMITED KARNATAKA 207 EVERGREEN ECO FARMS PRIVATE LIMITED TAMIL NADU
85 VIRIDESCENT ENERGY TRANSFORMATION PRIVATE LIMITED KARNATAKA 208 FABHEADS AUTOMATION PVT. LTD. TAMIL NADU
86 Y-COOK INDIA PRIVATE LIMITED KARNATAKA 209 FIB-SOL LIFE TECHNOLOGIES PVT. LTD. TAMIL NADU
87 ZENMETER SOLUTIONS PRIVATE LIMITED KARNATAKA 210 GANNET ENGINEERING PRIVATE LIMITED TAMIL NADU
88 ZEROSTLE LABS PRIVATE LIMITED KARNATAKA 211 GREENSHIP RESEARCH AND TECHNOLOGY PRIVATE LIMITED TAMIL NADU
89 BELLATRIX AEROSPACE PVT LTD KARNATAKA 212 HILIP TECHNOLOGIES PRIVATE LIMITED TAMIL NADU
90 BESTEK IT SYSTEMS LLP KARNATAKA 213 LOOP REALITY PRIVATE LIMITED TELANGANA
91 BRINGJAL INNOVATIONS PRIVATE LIMITED KARNATAKA 214 AIR OK TECHNOLOGIES PVT. LTD. TELANGANA
92 AATIN CIVIL & ENERGY PRIVATE LIMITED KARNATAKA 215 PRATOE EDUCATIONAL SERVICES PVT LTD TELANGANA
93 CONFIRM TICKET ONLINE SOLUTIONS PRIVATE LIMITED KARNATAKA 216 URAVU MANUFACTURERS PVT. LTD. TELANGANA
94 CONNECT INDIA E-COMMCERCE SERVICES PRIVATE LIMITED KARNATAKA 217 AUTONOMOUS LOGISTICS TECHNOLOGIES PRIVATE LIMITED TELANGANA
95 ABEE RESEARCH LABS PRIVATE LIMITED KARNATAKA 218 EUNIMART MULTICHANNEL PRIVATE LIMITED TELANGANA
96 ETHEREAL MACHINES PRIVATE LIMITED KARNATAKA 219 GEARMONKEY AUTOMOBILE SERVICES PRIVATE LIMITED TELANGANA
97 FARMOUS FOODS PVT LTD KARNATAKA 220 KG VARDAN SERVICES LLP UTTAR PRADESH
98 HISY ADVERTISING SOLUTIONS OVT LTD KARNATAKA 221 LUMINOSITY SOLUTIONS PRIVATE LIMITED UTTAR PRADESH
99 IACCEPT SOFTWARES PRIVATE LIMITED KARNATAKA 222 AGILE PARKING SOLUTIONS PVT. LTD. UTTAR PRADESH
100 INNOV4SIGHT HEALTH AND BIOMEDICAL SYSTEMS PRIVATE LIMITED KARNATAKA 223 MITTAL HEALTHCARE PRIVATE LIMITED UTTAR PRADESH
101 TQUAD PARTNERSHIP FIRM KERALA 224 MUDGAL ENGINEERS PVT. LTD UTTAR PRADESH
102 WAYLINE MANAGEMENT CONSULTANTS PRIVATE LIMITED KERALA 225 NANDINANDAN BREEDS & SEEDS INDIA PRIVATE LIMITED UTTAR PRADESH
103 AVANT GARDE INNOVATIONS KERALA 226 NESBA HEALTHCARE PRIVATE LIMITED UTTAR PRADESH
104 ENFOLD SOLUTIONS PRIVATE LIMITED KERALA 227 PROVADO HEALTHCARE PVT LTD UTTAR PRADESH
105 VAAYU HOME APPLIANCES (INDIA)PVT. LTD MADHYA PRADHESH 228 RENTAL STAY PRIVATE LIMITED UTTAR PRADESH
106 ADOROI TECH VENTURES PRIVATE LIMITED MAHARASHTRA 229 ALKCE FASHION PRIVATE LIMITED UTTAR PRADESH
107 INTANGLES LAB PVT LTD MAHARASHTRA 230 SURAJYA SERVICES PRIVATE LIMITED UTTAR PRADESH
108 IPREDICTT DATA LABS MAHARASHTRA 231 ARGILDX CONSULTING PVT LTD UTTAR PRADESH
109 ISEBY SOLUTIONS LLP MAHARASHTRA 232 VISHVAM PROJECTS AND SERVICES PRIVATE LIMTED UTTAR PRADESH
110 JNS VET VISION INDIA PVT LTD MAHARASHTRA 233 DARIED TECHNOLOGIES PRIVATE LIMITED UTTAR PRADESH
111 JOAPA DIGITAL SECUTECH PRIVATE LIMITED MAHARASHTRA 234 FEDELTA PRIVATE LIMITED UTTAR PRADESH
112 KARZA TECHNOLOGIES PRIVATE LIMITED MAHARASHTRA 235 ADAMYA HERBAL CARE PRIVATE LIMITED UTTAR PRADESH
113 KOUSTUBH NAIK MAHARASHTRA 236 GINGERMIND TECHNOLOGIES PVT. LTD UTTAR PRADESH
114 KYROS CORPORATE SERVICE PRIVATE LIMITED MAHARASHTRA 237 ADDVERB TECHNOLOGIES PVT LTD UTTAR PRADESH
115 LEARNING POTATO EDUCATION PRIVATE LIMITED MAHARASHTRA 238 IG INSTRUMENT LLP UTTAR PRADESH
116 LIFETRONS SOFTWARE PRIVATE LIMITED MAHARASHTRA 239 RAJAS AEROSPORTS AND ADVENTURES PVT LTD UTTARAKHAND
117 LINKCARDS BUSINESS SOLUTIONS MAHARASHTRA 240 SUNFOX TECHNOLOGIES PVT LTD UTTARAKHAND
118 MAGDU ECOMMERCE PRIVATE LIMITED MAHARASHTRA 241 TRUCKHALL PRIVATE LIMITED WEST BENGAL
119 MAYASHANTI NATURALS PRIVATE LIMITED MAHARASHTRA 242 AROGYAM MEDISOFT SOLUTION PVT LTD WEST BENGAL
120 MAYBRIGHT VENTURES PRIVATE LIMITED MAHARASHTRA 243 VEGAN FASHION PRIVATE LIMITED WEST BENGAL
121 MEDPRIME TECHNOLOGIES PVT. LTD. MAHARASHTRA 244 WHITE STALLION CONSULTANTS LLP WEST BENGAL
122 MY OFFICIAL CALLS SOLUTIONS PRIVATE LIMITED MAHARASHTRA 245 EBIW SMARTTECH PRIVATE LIMITED WEST BENGAL
123 NAYAM INNOVATIONS PVT LTD MAHARASHTRA 246 ECOPONIC AGRI TECH LLP WEST BENGAL
247 HAPPYPATH UNISTORE PRIVATE LIMITED WEST BENGAL

Dos and Don’t for trademark registration In INDIA

Launching a business means introducing oneself to lots of legal formalities. Many start-ups believe that the they have registered the company as per the laws under the Ministry of Corporate Affairs and no other business will be allowed to use a similar name. It is true to an extent that no other business will not be allowed to be registered with a similar name as per the Companies Act, 2013. However, the name of the business can still be used by others if trademark registration is not obtained. So, of all the legal formalities, the most important though not mandatory is to secure your Trademark.

What is Trademark

Section 2(zb) of The Trademarks Act, 1999 defines “trade mark” as ‘a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others’.

The Act has further defined ‘mark’ under Section 2(m) as “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof

Thus, in layman’s language trademark is a ‘brand name’. Brand is usually seen in the form of the company name (e.g. Hyundai/TATA), product name (e.g. Santro, Creta for Hyundai Cars, Safari for TATA cars etc), Logo (H for Honda and Hyundai in a different format and TATA).  So whatever business you plan to start and/or the product you intent to sell and/or the services you intent to provide, you will do it under certain name and that name is every critical for identifying your business.  This name makes your brand. Adopting the name seems to be easy.  But this is actually not so, if there is any legal ramifications. As once you invest time , money and energy  in creating the brand, the last thing that you want  is that there is already a company existing under the same brand and  has sent you a cease and desist letter to stop using that brand.  This costly mistake can be avoided by taking proactive steps on the front end to ensure that you have all the rights to use the brand and it solely belongs to you. This can be done by ensuring the following   DO’s AND DON’T: –

Criteria for Selection of a Trademark

  • Do not use descriptive words as trademark

Second common mistake mostly observed by a Start-ups in selecting a trademark is the selection of their brand name. They usually select a word that is descriptive of their goods or services. People select ‘SUGARLESS’ for providing substitute for sugar. People do this in the belief that the consumer will know straight away what the product is or the service rendered.  No doubt, that it may be easier to market such products at inception but in a long run such trademarks are offered to it would be difficult to stop your competitors from using the same or similar trademarks. Descriptive trademarks are difficult to register and enforce. 

 So, we would suggest is to coin the trademark and make a word that has no direct reference to its goods. It is the fanciful and/or coined trademarks, that are afforded the broadest scope of protection against third-party use of the mark.

  • Do not use laudatory words:

Laudatory words are adjectives such as GOOD or BEST are not registerable for any goods or services since all traders should be equally free to use them in the course of advertising their products.

  • Do not use Generic Terms

A generic term is a word or phrase that has become the common term associated with a particular goods and/or service to which it relates. Generic terms are not registrable. An example of a generic term is Xerox, escalator, SOCIAL NETWORK, SMARTPHONE.

  • Do not use the name of any geographic location

Do not use name of any geographic location or places. E.g. Chambal’ is the name of river which flows through the ‘Chambar ravines and as such it is a geographical name to which one cannot claim exclusive right.  

  • Following are Non-Registrable Marks
  • Marks that mislead or tends to cause confusion to the public.
  • Marks consist of subject matter that hurt the religious senses of any class or sections of the Indian citizens.
  • Marks that contain improper or vulgar subject matter.
  • Marks that are banned under the Emblems and Names of Prevention of Improper Use Act, 1950.
  • Marks of the goods whose shapes are directly obtained from the nature of the goods.
  • Marks of the goods whose shapes are important to acquire a technical result.
  • Marks that are similar in identity to another good or product.

Post selection requisites

  • Conducting trademark searches

A trademark public search is available in the Indian Trademark Registry online database. The search determines whether a proposed trademark is available for use in relation with certain goods or services. In the trademark search India, similar word marks as well as phonetically similar names and all other possible combination of words, that results in the same or similar sound in a specific class can be comprehensively searched.  Choose another brand name, if after conducting the search, you find that there exists a similar sounding word already on record, try to choose another brand name.

  • Selecting proper description of goods/services

 The most common mistake people make while filing for trademark application, is writing a wrong good/service description. There are 45 classes provided by Indian Trademarks Law. The classes are divided as per the goods and services. The first 35 classes are goods and the last 10 classes are the services.  India follows the 9th edition of the NICE international classification system. Identify your goods and services and always check the exact language that is given under nice classification, select the words and description accordingly.

  • First Use of Mark

Claiming the correct date of first use is very important.  The marks which are not is use and are  filed on proposed to be used basis or the  mark is in use since an earlier date, or whose use is restricted to certain items in the specification of goods or services, the claim for use should be appropriately made. An invoice showing the use of goods/services by way of sales and/or promotional expenses should be maintained and produced when required.

  • Apply for the trademark:

Though filing trademark may not be mandatory, it is advisable to get your trademark registered as early as possible to provide the desired protection.  Unregistered trademarks do not have the right to file cases of infringement.  Therefore, to avoid any infringement action, it is recommended to register at the earliest.

POST REGISTRATION PREREQUISITES:-

  • Don’t stop using the mark.

If you stop using the mark for continuous period of 5 years, then any aggrieved person may file a petition for the rectification of registration for the removal of the registered mark from the trade register.

  • Ensure proper renewal

The registered trademarks remain valid for a period of 10 years which is calculated from the date of filing of the application and in case of convention application, from the date of priority. Hence the proper renewal process for the trademark should be followed and the trademark should be renewed from time to time.  As non- renewal of trademark may lead to abandonment of your trademark. If the trademark is abandoned, there is no other option but to make new application for trademark.

  • Use proper symbol

Most importantly, don’t Use the ® symbol until your trade mark has been registered. Use the TM symbol instead.

  • Monitor the trademark

Last but not the least, after your trademark is registered, trade mark owners need to be vigilant to ensure that their trade marks are not being used (-or abused) by third parties. It is very important to keep monitoring the others trademark in the market and checking the Trademarks Journal as it will notify you of any other mark applications, you may wish to oppose.

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About the Author
Priyank Gupta is an Intellectual Property Attorney registered to practice in India. Priyank has 13 Years of Industry Experience. Priyank is a Lawyer and Engineer by Educational Background,

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