A brand name takes time and money to build. Registering it as a trademark gives the company stronger rights to stop others from using a confusingly similar mark and makes the brand a clearer asset in front of investors and acquirers.
Name or logo first?
For most startups, the name is the priority. A word mark protects the name itself regardless of font or design, which usually gives broader protection than a logo. The logo can be filed separately as a device mark, especially once it is unlikely to change. Filing a combined logo-and-name mark alone can leave the name less protected if the design changes later.
Classes, timelines and costs
Trademarks in India are registered under the Trade Marks Act, 1999, and goods and services are grouped into 45 classes. An application covers specific classes, so founders should file in the classes that match what they sell today and what they realistically plan to sell. Official fees are charged per class, and startups and small enterprises qualify for a lower fee than other applicants, subject to the eligibility documents required.
After filing, the application is examined, may receive objections that need a written reply, is advertised in the Trade Marks Journal for opposition, and is then registered if no successful opposition is filed. The process can take many months, but the filing date establishes the company's priority, which is why filing early matters.
Common mistakes that cause objections
- Choosing a descriptive name, such as one that simply describes the product, which is harder to register.
- Skipping a search of the trademark register for similar existing marks.
- Filing in the founder's personal name instead of the company's.
- Filing in too few classes, or in classes unrelated to the business.
- Using the ® symbol before the mark is registered; use ™ until then.
This essay is general information, not legal or tax advice. Rules and fees change, so confirm the current requirements with a chartered accountant, company secretary or lawyer before acting.
