Can a non-Indian company be considered as a Startup?
A non-Indian company can be considered as a Startup if it fulfils the criteria for turnover and period of incorporation / registration as per Startup India Initiative....
What is a Startup according to the Trademarks Act?
The Trademark Rules, 2017 have divided the Applicants in two categories: Category A: Individual/ Startup / Small Enterprise Category B: Others A Startup means an entity in India recognized as a Startup by the competent authority under Startup India Initiative and submitting declaration to that effec...
Can an Applicant claim a reduction in official fee?
Yes, the applicant can claim a reduction in official fee if at least one of the following conditions is satisfied: The Applicant is an Individual; or The Applicant is a Startup; or The Applicant is a Small Enterprise However, such a reduction in fee will not be available if an eligible Applicant joi...
Is it mandatory to submit “Statement of Use” at the time of filing of application?
The trademark application can be filed either claiming usage from a date prior to the date of filing of application or on Proposed to be Used basis. In case the Applicant wants to file an application claiming usage of the mark in India prior to the date of filing of application, then an affidavit, a...
Is it mandatory to file Power of Attorney while filing a Trademark application?
It is mandatory to submit a Power of Attorney at the time of filing the application on behalf of an Applicant. The Power of Attorney needs to be simply signed by the Applicant (no legalization or notarization is required)....
What are the minimum documents/information required for filing trademark application in India?
The minimum documents and information which are required for filing a filing trademark application in India is as follows: The name, address and nationality of the Applicant. If the Applicant is a company, the country or state of incorporation with the complete address. If a partnership concern, t...
Who can file a Trademark application in India?
Any person claiming to be the proprietor of a trademark, used or proposed to be used by him, may file an application for the registration of a Trade Mark. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the s...
What is the criteria for determining a Well-Known Trademark?
The Registrar shall, while determining whether a trademark is a well-known trade mark, takes into account all the facts which he considers relevant for determining a trade mark as a well-known trade mark including the following factors: That the trade mark is well known to the public at large in Ind...
What is a Well-Known Trademark?
The term ‘well-known trademark’ refers to a mark which has become so well-known to the substantial segment of the public through its extensive and continuous use. Use of the mark in relation to any other goods or services by another party may be taken as indicating a connection between the two p...
What can be registered?
Typically, the Trade Marks Office allows trademark registrations for a word, device, brand, numeral, single color, sound, 3D mark, shape of goods, label, packaging or combination of colors or any combination thereof....
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