trademark registration

Guide to TM Registration for Startups and Small Businesses

PUBLISHED ON: Aug 22 2023

A strong brand identity is important for startups and small enterprises to stand out and succeed in today's cutthroat market. TM registration is one of the most crucial steps in creating and sustaining a strong brand. We will tell you the importance of trademark registration for startups and small businesses in this thorough guide and how it may help safeguard your brand and promote long-term success.

Process for Online Filing Trademark Registration

Know how the process for TM registration for startups will work:

Choosing the Category for your products:

You must choose from a list of 45 alternatives for your product's class because different trademarks are issued to different types of goods and services.

Process for preparing and documenting an application

Form TM-I and the required fees and supporting papers must be filled out and submitted for TM registration in India. Then, within two days, you must complete the form with the permanent allotment number the register gives. In addition, documents such as ID proof, a power of attorney, a board resolution, address verification, the applicant's name, the type of business, and others are required for online filing trademark applications. 

Filing of application to the Trademark Registry:

After the TM-1 form and supporting documents are submitted to the TM Registration process for Startups Registry, the Presiding Officer of the Register Office checks them to make sure there are no errors and that the brand is distinctive. Additionally, the form may be submitted online at the official TM registration website.

The Trademark Registrar inspects trademarks:

In case they find any similarities or any other technical issues with the trademark, they will send it to you to show the cause which should be submitted within 30 days. If that is still insufficient, a hearing will be held to decide the application's merits.

Publishing in a Journal:

Your trademark registration application for small businesses will be recorded in the Trademark Journal if the verifying officer authorizes it. Similarly, you have 90 days to react to any objections made by third parties, after which a hearing will be held, and the trademark may be granted or refused at the registrar's discretion.

What is the Importance of Trademark Registration for Small Businesses?

Brand protection: 

A trademark must first be registered to request protection under the Trademark Act of 1999. A TM registration proves that a mark, logo, symbol, or design belongs to its owner. It further guards against unauthorised third-party use of the brand.

Creating a distinctive identity: 

Building a brand takes time. You have the exclusive right to use the mark registered under the registered class if you have a TM registration for small businesses. Every company requires a distinctive brand or logo to stand out from the competition and to develop goodwill, so any brand with a distinct identity must be registered. Consequently, a registered trademark offers the brand a distinctive identity.

Intangible Asset: 

Having a TM registration raises the company's worth because it is an important intangible asset that improves in value as it grows.

Protection against infringement:

A trademark that has been registered is a legally protected asset under the Trademark Act enabling the owner to stop unauthorised third parties from using the specific mark and contest the unauthorised use of a similar or confusing trade name.

Permanent Existence:

Once a trademark is registered, it receives eternal protection, not limited to a certain period, but it needs to be renewed every ten years.

Situations in which a trademark Registration may be Necessary 

So when is a TM registration required? Here are some situations where it may be advisable to think about registering one:

Starting a new business: 

If your company is just getting off the ground, it's critical to safeguard its identity right away. You can legally use your name and logo by registering a trademark and taking legal action against anyone attempting to use something similar.

Launching a new product or service: 

If you're starting a new firm or launching a new product or service, a trademark can help you set your new products apart.

Protection of your Brand:

Protecting your brand is crucial regardless of how long you've been in business or if you're just getting started. By providing you with legal protection and the power to stop others from using identical marks, a trademark can help you do this.



Reasons for Rejection Of TM Registration for Startups 

Your form must be filled out completely and accurately; else, the Trademark Registration will be refused. 

The verifying officer rejects the form if the trademark is similar to another registered trademark. Therefore, as soon as you have a response to the objection, you should quickly submit the form again.

The application is sent for registration if it is approved. If your trademark is refused even after resubmitting, you must give the examiner further information. The trademark approval process can take two to four months, and sometimes it is rejected because it incorporates offensive geographic or religious names.


For startups and small businesses, trademark registration is critical to brand protection. By registering your trademark, you not only protect your company's distinctive identity but also acquire important legal protections against unauthorized use and potential infringement. However, navigating the trademark registration process, dealing with objections, and managing opposition can be challenging. Still, you can ensure your brand is well-protected with the correct support and advice. For any help related to TM registration, you can Lawgical India for help. 

Understanding the importance of TM registration and taking proactive measures to protect your brand will enable you to firmly lay a solid groundwork for the expansion and success of your company. Investing in trademark registration as a startup or small business owner is a wise move that will pay off in the long term and offer you the peace of mind you need to concentrate on your primary business operations.

Leave a comment
Book a quick call and avail free
offers with a business setup.