Blog Post

• 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 9^th 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.