India - Five Things
You SHOULD Know
It is an inevitable requirement that every
entrepreneur should be well versed with
It not just cost them the name
but also wads of cash.
O This brings us to one of the most important
considerations for any startup – trademarks,
patents and IP infringements.
O At any point of time, there are numerous
startups unexpectedly losing money in
lawsuits costing thousands and lakhs of
rupees for IP infringement.
1. It is not mandatory to file a
trademark registration application in
O Yes! In India, it is not mandatory to file a
trademark application for registration.
O However, without registering for a
trademark, you cannot actually own your
mark or brand name.
You can however call for a common law action against
someone using your unregistered trademark, but then seeking
action against offenders for using a registered trademark is
easier and less expensive than for an unregistered trademark.
registration in India
is done by submitting
an application to the
a Trademark registry
O The office is
Mumbai and also
has branches in
2. Knowing the benefits of a registered
trademark will make you feel it a necessity!
O Getting a trademark protects the goodwill of
your business and ensures that its products
are distinguishable from others.
O It is an evidence of brand ownership and
sends out the signal – 'use me and you are
sued mister!!' - for anyone who intends to
use your brand identity for their benefit.
3. Getting a trademark in India
does not take infinity
O Once you register for a trademark, it is
usually granted within a year.
O There is a stipulated period of 90 days
within which if no third party raises an
opposition, the trademark application is
accepted by the Registrar.
India might take
as long as 36
months in some
cases, but not
valid for ten
years and can
to another ten
It is advisable to seek the help
of an intellectual property
attorney before filing an
application to make sure you
aren't filing for something that
will definitely be rejected.
4. E-filing a trademark application
is the better option.
O Electronic filing of application for trademark
registration in India is a new and convenient
service offered by the trademark registration
O By e-filing, you will get your trademark
application number immediately and the
registration process is faster.
O You can ensure an error free filing of your
application and can also check its status
5. Unregistered trademarks –
The Rabbit in the Cap
O For businesses that are just starting out, getting a
registered trademark may be a bit heavy on the
O They can choose to go for unregistered trademarks that
are a cheaper alternative.
O Although an unregistered trademark does not give you
complete ownership, some sort of protection is better
than none at all.
O So don't forget to talk to your intellectual property
attorney about it.
For important facts on trademarks for small
businesses, here's a must watch video – “Basic
facts about trademarks: What every small business
should know now, not later”.