Exploring Common Grounds of Trademark Opposition

Updated on October 08, 2024 11:27:36 AM

Trademark registration is a critical step for companies looking to carve out a position in the competitive commercial market. Beyond a legal need, it is a strategic essential in developing and safeguarding a startup's brand identity. The article takes you on a journey through the complexities of trademark registration for businesses, highlighting the importance of this procedure as an initial basis for authority, legal protection, and market distinctiveness.

Understanding the complexity of trademark registration becomes critical as companies discuss the shifting ground of entrepreneurship. From conducting thorough research to selecting the appropriate classes and reacting to office actions, the route to obtaining a registered trademark is filled with strategic decisions that may influence the direction of a business. Join us as we delve into the complex world of trademark registration and examine how this critical step may serve as a catalyst for a startup's development, recognition, and long-term business success.

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Overview of Trademark Registration

The Procedure of Trademark Registration for a Startup

Trademark Registration for a startup is a long process, it can take time from 6 months to 24 months to register a Trademark. There are different steps in this procedure from application to registration. Here is the complete process of the TM registration for the startup.

  • Conduct TM search: Before applying for the TM registration for a startup, firstly the applicant should do an extensive TM search. This initial step determines the trademark’s availability, which aids in decreasing the chance of rejection.
  • Application Filing: After conducting a TM search, the applicant goes for the application filing. This process takes 24hrs after which the applicant can use (™) in front of their brand name or logo. This symbol determines that this mark is under the TM registration process.
  • Examination process: The application is forwarded to the department for review once it has been submitted. They investigate the trademark and figure out that it shouldn't be similar to any other trademark that has already been registered. If the application has any type of similarities then it will be sent for the reply.
  • Reply to Examination Report: If the application has objected from the department side so, the applicant has to submit a reply to the examination report in favour of their mark. If the reply is accepted, the application will be advertised in the Journal.
  • Advertise in Journal: When the application has been examined properly and the department has not any kind of objection regarding the similarities of the trademark the trademark has been advertised in the Journal. Any third party can oppose the application within four months of advertisement.
  • Opposition Process: If any third party opposes the TM registration, the TM registry will mark the application as opposed and the applicant has to make a necessary counter statement and supported evidence to defend the opposition
  • Hearing: At this stage, the Registry department gives chances to both parties to defend their side and prove their sides. If the Registrar accepts the applicant's statements then the trademark is registered otherwise it will be rejected
  • Registration certificate: This is the last stage, where the trademark has been fully registered. From this point, the applicant starts using symbol ® in front of their brand name or logo

Required Documents for Trademark Registration for Startup

All the required document is given below for TM Registration for Startup:

  • Name of Trademark (LOGO if any).
  • Nature of Goods & Service.
  • PAN Card.
  • Aadhar Card.
  • Email ID.
  • Mobile No.
  • GST Registration Certificate (If applicable)
  • StartUp Certificate.
  • Signed PoA (Power of Attorney).

Note - Proof of Use - Submit supporting documents (such as Domain bill, Invoice containing Mark, images of the product with Mark, etc) with the New and Old dates, which can work as a proof of use of the Mark by the applicant or its predecessors from the date of use mentioned in the application.

Fees for TM Registration for Startup.

The Complete Fees List of Trademark Registration for Startup is given below:

Steps Online Government fees Offline Government fees
TM Registration fees for Startup (without Startup Certificate). ₹9,000/- ₹10,000/-
TM Registration fees for Startup (With Startup Certificate). ₹4,500/- ₹5,000/-
TM Amendment fees ₹900/- ₹1,000/-
Trademark Renewal fees ₹9000/- ₹10000/-
Trademark Restoration fees ₹9000/- ₹10000/-
TM Belated Renewal fees ₹3000/- ₹3000/-
TM Rectification fees ₹9000/- ₹10000/-
Trademark Opposition process fees ₹2700/- ₹3000/-
Hearing fees of TM registration Nil Nil
Fees for Reply to TM Examination Report Nil Nil

Note: The total Registration fees of Trademark registration for startup will include govt fees as well as professional fees. With the assistance of experts, registration can be simple. "Litem Legalis" will be the best platform for anyone who wants a hassle-free registration process:

Fees for TM Registration for Startup.

Trademark Registration for Startup has the following Benefits:

  • Legal Protection: Registration gives StartUps a legal framework for safeguarding their brand against unlawful usage.
  • Credibility and Trust: A registered trademark enhances a startup's image by adding credibility and professionalism, promoting trust among consumers and investors.
  • Asset Value: A registered trademark becomes a valuable intellectual asset, possibly enhancing the total worth of the firm.
  • Global Expansion: By establishing a basis for protection in several countries, registration opens the way for international expansion.

How Can Litem Help You?

Litem Legalis" target="_blank">Litem Legalis” provides the best platform for registering your Trademark under professional and expert guidance with the lowest professional fees. We are committed to providing the best service experience to our clients by informing them about each stage of their TM Registration. We have years of experience in TM registration, which has a low chance of rejection:

Conclusion

Trademark registration is an essential safeguard for Startups, providing legal protection, increased brand legitimacy, and possible investor appeal. Understanding the complexities of the registration process, from extensive searches to strategic class selection, enables businesses to protect their distinct identities. Startups are primed for success in the competitive market as trademarks become vital assets, establishing their presence and providing a basis for consumer and stakeholder confidence.

Frequently Asked Questions

What steps are involved in registering a trademark in India?

The process of Trademark Registration in India is a long process that includes many steps, such as TM search, filing TM application, examination by the registrar, opposition process ( not mandatory), advertising in journals, and registration certificate.

What is the duration of trademark registration in India?

Trademark Registration in India can take 6 months to 24 months, it depends on the complexity of the Trademark.

How much does it cost to register a trademark in India?

The basic cost of trademark registration in India is Rs. 4500 per class for an individual. And Rs. 9000 per class for any company or partnership firm but if they have the MSME certificate the cost will be the same as individual charges.

What is the validity of a trademark?

In India, the Trademark is valid for only ten years. After that, the applicant has to renew their trademark.

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