Hey Startup! Is your Trademark registered?

Startup is the new buzzword. Ola, Uber, PayTM, Freecharge – have become examples of what start-ups can be. A common thread in each of these is a “unique name”, the brand. If you are starting up, you too would want to name your startup, which one day would become a household brand like the ones mentioned above.

As the business starts getting bigger, it becomes very important for you to protect the value of your brand. So, why not protect it right from the start?

The first step to protect value is to register the trademarks so that no one can use or misuse your brand name.

So let’s take this first step – of registration of brand name of your business as a trademark.

Registration of trademark can be done either online or offline. In this post, we will see how to register a trade mark, easily and all by yourself, by offline mode.

The following are the steps for registration of trademark.

Step 1: Know which trademark to register

Do you want to register a word mark or a logo?

Yes, there is a difference between the two, which not many people recognise.

Registration of word mark means registration of that unique word or brand name. The word mark can be a single word, combination of words or alphanumeric.

Example: bookmyshow

Registration of logo mark (or devise) means registration of the logo which includes the words, images and the colour combination.

Example:

It is always advisable to register both, the word mark and the logo. Even if you have not created or decided the logo, you should start the process for the word mark registration. The advantage is that, once the word mark is registered, it is easier to get the logo registered too. Also, once the word mark is registered, you can then use the word mark to create different logos.

It is easy to get a logo and a word mark registered if it is a unique word or is alphanumeric or is a word with an image. However, the Registrar of Trademarks might not approve a word mark which is a very generic word.

Example: Words like Perfumes or Atlantic.

Step 2: Know the class under which trademark is to be registered

There are 45 types of classes under which a trademark can be registered. A class means a category.

Class 1 to Class 34 is for registration of trademarks belonging to the business of manufacturing of goods or articles.

Class 35 to Class 45 is for providing services.

Click here to view the description of classes.

A trademark can fall into more than one class. For example, if your business is for providing advertisement services and also printing of books and pamphlets, your brand should be registered in two classes, i.e. Class 35 and Class 16 respectively.

Please keep in mind that once you register your brand name under a particular class or classes, any other person cannot register a brand similar to yours in the same class. However, a similar brand can be registered by someone in a different class.

So this brings us to the next step of how to find out if similar trademarks are registered in the same class to which your business belongs.

Step 3: Do a public search of the registered trademarks

Once you decide on the trademark and to the class it belongs, you can do public search of the registered trademark here.

Doing a public search will give you an idea if there are any trademarks registered which are similar to the one you want to register.

Step 4: Get yourself registered on the trademark registry website

In order to file the application for trademark registration you have to have a Proprietor Code. A Proprietor code is like a registration number of the individual, partnership firm or a company or an entity which is seeking the registration.

The following are steps to create a proprietor code:

1.    Go to the website of The Registrar of Trademarks: Here is the link.

2.    Once you click on ‘Comprehensive e-Filing services for trademarks’, you have to click on ‘Sign up’ as seen in the image below.

3.    Then click on ‘Proceed for Registration’

4.    In the Type of Applicant option, select “Proprietor” from the drop down and click on ‘Search’

5.   Further in the screen below, add the name of the applicant, i.e. proprietor, partnership firm or company, and click ‘Submit’

6.    If you enter only the first word of the name, you will get a list of the names similar to the name you entered. Now click ‘Add new’

7.    You will get a screen as shown below:

Here is how to make key inputs on this screen.

Tick on the applicable category and enter the details.

In the field for “Trading as” you should mention the name of your proprietorship firm / partnership firm / company.

In the field for “Trade description” you should mention the details of your business in brief.

The address and the email id to be mentioned is the one on which you want to receive all communications from TM registry. So check and mention accurately.

The other fields are self explanatory.

8.    Once you fill in all the details, click on submit and you will get a screen with the Proprietor code mentioned

Note: In case you make an error in any of the details related to the proprietor code, you have to again go through the same process and generate another proprietor code.

Step 5: Filling of application form

You have to file Form TM – A (as per the new Trade Mark Rules, 2017) for making an application for the registration of your trademark.

One form is only for one type of trademark and under one class. You will have to fill different forms if you want to register a word mark as well as logo AND / OR you want to register your trademark in different classes.

Key pointers to prevent your form from rejection:

1. In case of registration of a trademark by a partnership firm, the names of all the partners have to be given.
2. The form should be type-written and printed on strong A-4 or legal size on one side only.
3. The should be a margin of 4 cms on the left-hand side of the paper.
4. Mention the exact date from which you are using your trademark. If it is newly created, you can mention “proposed to be used”.
5. The name of the person signing the form should be in CAPITAL letters.

Fees to be paid

The application fees for one trademark registration under one class has been revised with effect from March 6, 2017. For physical application, the fees is Rs. 5,000/- for Individuals and Small Enterprise and Rs. 10,000/- for others. The fees is payable in Cash or via Cheque/DD in favour of “Registrar of Trademarks”. So, if you, as an individual, wish to register the same trademark in two classes, the fees will be Rs. 10,000/-. Similar is the case if you want to register a word mark and a logo of the same brand.

Step 6: Filling of application form

Once you have filled the application form, print it and submit it in the office of Trademark Registry in your city. You have to submit the application form, duly signed, at the office of the Trademark Registry according to the address mentioned in the details filled at the time of generation of proprietor code. You can also file the application online.

I have been to Trademark office in Mumbai. As soon as the officer at the Trademark office accepts the application, an email is sent immediately to the registered email id acknowledging the filing of the form.

Once the application is filed, you will get an application number through which you can track the status of your trademark. Click here to view the status of trademark already filed by you. 

So, this is the first step of filing for registration of your brand name as a trademark. It may take a couple of months for any change in the status of the application filed by you. Keep a watch.

So, all the best!!

Are you looking for help with filing of your trademark, you can contact me at kruti@cskruti.com.