DPIIT gives 50% concession in fees for Trademark for Startups

The Department for Promotion of Industry and Internal Trade (DPIIT), so as to encourage brand names for Startups, gives 50 % concession in statutory fees for filing brand names applications.

Additionally, under the startup facilitation scheme, a rundown of facilitators is given at Trade Marks Offices' site (www.ipindia.nic.in) whose services might be availed by the startups for application for registration of trademark and the professional charges of such facilitators is repaid by the government.

A trademark application is handled as per The Trade Marks Act, 1999 and The Trade Marks Rules, 2017. The short advances/stages for allowing a trademark are as under:

1. Application can be submitted offline or electronically through comprehensive e-filing module,
2. After receipt of the application, the application is queued for examination,
3. During the examination, applications are examined and an examination report is issued to the applicant with or without objections as per law. Presently examination is being done in about one month’s time from the date of filing.
4. If no objection is noted as per law, the application moves to publication. After publication of the application details in Trade Mark Journal, any person may file opposition against the published mark within 4 months.
5. If any objections are noted, the applicant is required to submit his response within one month from the receipt of examination report.
6. If response is received, the same is considered by the authorised officer and the application is accepted or refused after providing due opportunity of hearing to the applicant.
7. After acceptance and publication of the application in Trade Mark Journal, if no opposition is received within the prescribed period of 4 months from the date of publication, registration certificate is issued to the applicant within three weeks from the expiration of 4 months’ statutory period.
8. However, if the application is opposed by any person within 4 months of publication of the application, the opposition is required to be disposed in accordance with due process of law, which is a quasi-judicial proceeding.

The registration certificate for trademark is ordinarily allowed to the applicant within seven months from the date of filing of application, if no office protests are noted in assessment and no resistance is gotten after distribution of the trademarks application in the Trade Marks Journal. Notwithstanding, assessment is being done in around one month time from the date of filing of the trademark application.

There is no severe time limit for allowing a trademark, since the method for trademark registration is a quasi-judicial process according to the Trade Marks Act, 1999. Internal guidelines are given occasionally for brisk removal of uses, and, if any intentional abandonment of obligation is found with respect to any official, suitable move is made according to the CCS Rules.