Important Factors About Trademarks for Startups in India

Trademark branding is a weapon that keeps a trademark protected from being stolen, abused, or replicated. A company's trademark not only attracts customers to its product or service but also ensures the quality and worth of the service or product. 

Trademarking a startup's name and its logo is an essential component of any business, as it allows the products and services to be distinct and distinguishable from those of other organisations, with the objective of preventing competitors from stealing or duplicating their brand. Therefore, it is very critical for a fledgling firm to have its trademark registered as soon as feasible. A distinct Brand receives a guarantee beneath it with the aid of a trademark.

Introduction to Startup

A startup can possess many brands. Similarly, a firm might hold many trademarks to protect its brand. It makes little difference how many trademarks are required to protect a brand; everything is dependent on the brand's components. When a brand interacts with customers, it should be assured; this is where a trademark is required.

Trademark law prohibits an outsider from using a confusingly similar trademark to the startups. The befuddling similarity is decided by a number of factors, including the proximity of the trademark, the items or administrations, and the appropriation channels. Indeed, some terms cannot be protected under trademark law: the generic phrase for a type of product (a Generic term) cannot be used as a trademark because all organisations in the market require it.

Importance of Trademark

When a brand is used to collaborate with customers, it must be protected, and Trademark for startups provides this assurance. Furthermore, the brand requires assurance so that another person or organisation cannot use a comparable trademark, and the client is not confused between the original and replicated goods due to the comparative trademark. Nowadays, a brand's company trademark is regarded extremely seriously since the trademark they employ may be crucial in attracting customers. 

For example, if a corporation uses a catchy brand name, colour, or phrase, it must consider the buyers and consumers who would most likely want to test the product. Trademarks will become increasingly important in business in the future. Customers often determine the nature of a product based on the trademark of the brand; thus, it is critical for startups to have an engaging and intriguing trademark of their brand as well.

Role of Trademark

• A trademark for startups allows customers to recognise you and your inventive products or services.
• It aids in persuading your customers and distinguishing you from your existing competition.
• It encourages start-ups to deliver high-quality products and maintain high-quality standards in order to improve their brand image.
• It increases your competitive edge over time and as your firm grows.
• It is an excellent method of promoting your work, image, business or messaging across cultures, regions, or languages with a single logo or trademark.
• Trademarks for startups may help you develop a reputation on the internet and rank better in search engines. In addition, it contributes to increased traffic.
• Trademark protection is less expensive than other intellectual property rights since it protects a trademark for a longer period of time after registration.
• Start-up, The India Action Plan, focuses solely on trademark registration facilitation, which will assist start-ups in overcoming legal obstacles in filing IP applications and registration.

Why Registration of Trademarks for Startups are Important?

A startup must register its trademark since it offers property rights over its brand. It guarantees total legal control and protects your trademarks for startups from unauthorised access or misappropriation. In addition, with trademark registration, you may protect your company against fraud and deceptive competition by taking legal action against them.

Furthermore, registration of a trademark for start-ups permits them to freely use/publish their trademark in any medium. It assists start-ups in forming their company entities and successfully running their operations. Start-ups can use their trademark to gain their customers' attention and maintain their target audience's attention. A possible and registered trademark secures your position in the company vertical and allows you to compete with existing competitors.

If start-ups with registered trademarks wish to sell their concept or new enterprise, the transaction can be completed simply. Sellers also need buyers to register their trademarks in order to ensure the security of their future rights.

Trademark for Startup Registration Process

Choose a category for Goods

Different trademarks are awarded to different types of products and services, therefore you must choose a class from a list of 45 alternatives for your product.

Trademark Application preparation and documentation

To register a trademark in India, you must fill out Form TM-I & submit it with the appropriate fees and paperwork. In the form, you must submit the permanent allotment number supplied by the register within two days. In addition, filing requires identification, a power of attorney, a board resolution, address proof, the applicant's name, the kind of business, and other papers.

Form submission to the Trademark Registry

The TM-1 form and papers are checked by the Presiding Officer of the Register Office once they are submitted to the Trademark Registry to ensure that they are error-free and that the trademark is unique. Additionally, the form can be filed online at the official trademark registry.

The Trademark Registrar carries out an inspection

If they discover any similarities or other technical concerns with the trademark, they will send it to you for a show cause, which must be filed within 30 days, and if still not sufficient, a hearing will be held to decide the merits of the application.

Journal Article Publication

If the verifying officer approves your trademark, it will be published in the Trademark Journal. Similarly, if third-party objections are filed, you must answer within 90 days, following which a hearing will be held, and the trademark will be refused or granted at the registrar's discretion.

The Advantages of Trademark Registration for Indian Startups:

• Every startup that applies for a trademark receives a 50% discount.
• A company's start-up cost is Rs. 9000, yet a startup costs just Rs. 4500.
• The government will cover the applicant's facilitation costs.
• Patent filing is quite affordable.
• Reasons for Trademark Registration Rejection
• If your form contains an inaccurate name, details, or incomplete information, the Trademark Registering Office will issue you a notification within 30 days.

Similarly, if the trademark is identical to any existing registered trademark, the verifying officer rejects the form. Then, write a brief answer to the complaint and resubmit the form.

Conclusion

Trademarks are unquestionably important in business. When doing business or considering beginning a startup firm, you must first register the brand's trademark for the sake of trademark security and maintaining the product's quality in the eyes of consumers. You can also know about trademark application status by tracking its status. If you intend to sell your products internationally in the future, you must register your trademark in all of the countries where you intend to expand your business before any other firm may register the same trademark in those countries. Even if you expand your business later, you may have your trademark registered in the countries where you want to do business so that no one else can use the same trademark before you.

Furthermore, a trademark is a crucial component of every new firm to protect the brand and other features associated with it.