Introduction

Trademark registration is important for all startups in India. While it is not mandatory, it provides a lot of benefits. However, there are several things you should know before registering your trademark in India. Here are 10 things every startup founder should know:

1. Trademark Registration provides only two types of protection.

• Trademark Registration provides only two types of protection:

• Protection against unauthorized use of a trademark by a third party (such as your competitors) and

• Protection against unauthorized use of a trademark by yourself. You cannot file for trademark registration if you want to do business with other companies, but you can still register it as long as there is no confusion between your product or service and another company’s similar products/services.

2. Trademark Registration is valid for only 10 years and has to be renewed every 10 years.

Trademark registration is valid for a period of 10 years and has to be renewed every 10 years. The registration can be renewed indefinitely as long as you pay the renewal fee.

Trademark registrations also give you the right to use your trademark in India, but only if it's been registered with the Intellectual Property Office of India (IPO).

3. One trademark can be registered under different classes of products and services, at the same time.

One trademark can be registered under different classes of products and services, at the same time. You can register your trademark under different classes of goods and services in India.

For example, if you have an image that is used on clothing and you want to register it as a clothing company's brand, then you would need to file for the Class 19 (clothing) registration first before registering for any other class(es).

4. There is no need to use your trademark to register it in India

You can register a trademark without using it. If you do not intend to use your trademark, then there is no need to register it in India.

You can also register a trademark for future use if you are not sure about the future use of your product or service and want to reserve an exclusive right over its marketing and distribution channels. The trademark registration procedure is simpler than the registration procedure under Section 9A of the Act which requires an applicant to prove certain facts in support of their claim that they will exclusively use the mark in India on products or services similar to those specified in their application form as well as using it continuously during three years after obtaining rights from other parties (except where such actions would be contrary).

5. The owner of a trademark can use it either personally or allow anyone else to use it on payment of royalty.

The owner of a trademark can use it either personally or allow anyone else to use it on payment of royalty. A trademark is a symbol, word, or words legally registered or established by use as representing a company or product. It helps identify the source of goods and services so that consumers can make an informed decision about them.

Trademarks are used in many ways: for example, to distinguish products from other producers' brands; to indicate quality; and even just to show off!

6. You can even claim compensation for past infringement, provided you file your application within 36 months of your right being infringed upon.

• You can even claim compensation for past infringement, provided you file your application within 36 months of your right being infringed upon.

If you have been harmed by someone else's use of your trademark, then you can file a lawsuit and get monetary compensation from them if they win the case.

7. A trademark application can be made by an individual or jointly by a group of people, a company/LLP or a society/ association/ trust etc.

You can file a trademark application in the name of an individual or a company. You can also file a trademark application in the name of society/association/trust etc., but you need to make it clear that you are filing for the purpose of filing and not for any other reasons.

The applicant must have been using his/her mark at least for 5 years before applying for registration with respect to goods or services; if he/she has not done so, then he/she will be required to show that there is no likelihood that its use would be likely among persons who purchase goods or services from him/her within India during such period as may be prescribed by rules made under Section 2(b)(vi) (hereafter referred to as "prescribed period").

8. All trademarks are not eligible for registration under the trademark act, 1999

The Trademark Act, 1999 (India) is a federal law passed by the Parliament of India. It applies to all trademarks except those registered under the Customs Act, 1962.

The registration of any trademark in India can be done only by filing an application with the Indian Trademarks Registry (ITR).

9 .A trademark does not have to be registered in order to get protection from infringement

Trademarks are not registered with the trademark office of India. However, you can still get protection from infringement even if your trademark does not have a registration. For example, if there is only one party using a particular name or symbol and that party has been using it for over two years without any problems, then they will be considered as having gained ownership over this symbol/name (even though it may not yet be registered).

In addition to this basic level of protection against infringement (which is provided by Section 3(1)(b) of the Trade Marks Act), trademarks also benefit from being able to sue for damages caused by willful misuse or passing off under Section 4(1)(a) and 4(1)(b) respectively!

10 .You should not consider using any devices like ® or TM in case your mark is not registered with appropriate trademark authorities before using it in the market

You should not consider using any devices like ® or TM in case your mark is not registered with appropriate trademark authorities before using it in the market. Even if you have already registered a trademark, you can still use TM or ® on your products, packaging and promotional materials. However, if you are planning to use the same mark again after filing another application with the same authority then it will affect your earlier application as well.

You can also apply for registration of a trademark at any time after filing an application with us but before submitting any documents for examination by us (i.e., drawings).

Trademark Registration is important for all startups

Trademark Registration is important for all startups. Trademark Registration is a legal right given to the owner of a trademark. It helps in protecting your brand, expanding your business and many other things which we will discuss later in this article.

Conclusion

In summary, we hope that this blogpost has provided you with a good understanding of what Trademark Registration is and how it can be an important tool for protecting your brand. While the process takes some time, it can be very worthwhile in the long run if you have the patience to go through all of these steps.