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Trademark Registrations In India - Five Things You SHOULD Know

It is an inevitable requirement that every entrepreneur should be well versed with corporate legalities.

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Who could have thought that naming your

business as “Foodiebay” would invite a trademark

lawsuit from Ebay?

O Deepinder Goyal and Pankaj Chaddah, cofounders of Zomato.com (that is surprisingly making a monthly revenue of Rs. 60 lakh) first named it as Foodiebay but were forced to change it to Zomato.

O While the name was chosen just because it rhymes with tomato, the name change was a result of legal proceedings initiated by Ebay before the Indian Trademark Office for using the word “ebay” in “Foodiebay”.

Zomato had no idea either!

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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.

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Five Things You Should Know

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1. It is not mandatory to file a trademark registration application in India.

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.

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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.

O Trademark registration in India is done by submitting an application to the Registrar of Trademarks through a Trademark registry office.

O The office is headquartered in Mumbai and also has branches in Ahmedabad, Delhi, Kolkata and Chennai.

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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.

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A trademark registration in India can form the basis for registration in foreign

countries as well.

O Most importantly, by registering trademarks, your products acquire the status of branded goods.

O Customers have more faith in trademarked brands and products.

Registration also increases the valuation of the

company or brand name when you intend to sell it.

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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.

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The entire process of

trademark registration in India might take

as long as 36 months in some cases, but not

infinity!

The registration is valid for ten years and can be extended to

another ten years upon renewal.

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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.

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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 office.

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 regularly.

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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 finances.

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.

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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”.

http://www.youtube.com/watch?v=qHDRV2NTSEk&list=PLathjuRpFNnJ2LuutJxSYDmTD7rA07qA1&index=1

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Centre for Innovation and Entrepreneurship

C-4, IIT-H Foundation, Gachibowli, Hyderabad

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Reach us at:prabha@accuprosys.com simplify@accuprosys.com anuradha@accuprosys.com

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