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Mr. Prateek Shrivastava

Prateek is a practicing Patent Attorney in India. He is a qualified Electronics & Communications Engineer and an Advocate registered with the Bar Council of India. He is an empaneled Patent Start-up Facilitator under the Government of India – Start-up India Intellectual Property Scheme (SIPP) and has an extensive Intellectual Property experience. He specializes in counselling on protection and management of Intellectual Property Assets.

Prateek has represented clients from sectors like Information & Technology, Electronics, Fast Moving Consumer Goods (FMCG) and recognized universities and professors/scholars from universities such as IIT and NITs.

Prateek is a regular speaker at various IP forums which are including but not limited to Cell for IPR Promotion & Management – Government of India, Madhya Pradesh Council of Science & Technology- Government of MP, various incubation centers, and Technical Universities in India. He is also an IP mentor to various Incubation centers and Technical Universities in India.

Prateek is also a member of esteemed International and National organizations such as Asian Patent Attorneys Association (APAA), International Association for the Protection of Intellectual Property (AIPPI), and Society of Automotive Engineers India and is the Chairperson of the Udyovidh Foundation. He is also an empaneled legal expert in a committee formed under Government of India’s KAPILA scheme.

Education:

B-Tech (Electronics & Communication) & Advocate

Area of Expertise: Patents, Trademark, and Industrial Design

Licenses: Patent Agent with Reg No. [IN/PA-3334], and Advocate with Reg No. [MP/1759]

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Trademark Lifecycle

1. Trademark Application Filling.

2. Examination of the trademark Application.

3. Publication of the trademark Application.

4. Disposal of Trademark Application.

FAQ's

Why is it crucial to file for trademark protection, and what are the advantages of doing so.

Getting one’s application registered by the Indian Trademark Registry is called the registration of their Trademark. One must register a trademark in order to receive trademark protection. Registering your trademark is crucial because it stops other people from using it fraudulently to impersonate you and other products. There is a defined procedure under Trademark Act, 1999 and Trademark Rules for registration of a mark.

Which Indian law protects trademarks, and can I use the ® symbol without prior registration of my trademark?

Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a distinctive marker that distinguishes products or services from competitors in the market. Your rights to use the mark in connection with your products or services are safeguarded by trademark registration. It provides a strong defense against infringement and gives you the ability to sue anyone using your trademark without authorization. Any Individual/ Sole Proprietor, Startup, Small Enterprise, or others, can file a TM-A form for applying for registering their mark. After going throw the process of examination of your application, the mark is registered if worthy and a certificate to use ® symbol in the trademark or logo is issued.

What are the steps and procedures for filing a trademark application in India, and what are the required documents and fees?

Step 1 – First step is to adopt a unique sign(s) that is supposed to be used to identify goods or services from a certain proprietor. They can be designs, pictures, signs or even expressions.

Step 2 – Before Appling for the trademark, trademark search shall be made to discover that the Mark that is being applied for being registered is not similar to any existing mark under the same class and is not likely to cause confusion in the minds of the targeted consumers. It is very important to identify the class of goods/services under which a certain trademark is being proposed to be registered.

Step 3 – Next step is to submit the Application Form online to the Trademark Registry in Appropriate jurisdiction along with the prescribed fees and the required documents.

Step 4– The Application is then Examined by the Authorities and if found valid, without any error or omission, the mark is published by the registry in the Trademark Journal. This allows anyone who is opposed to the proposed trademark to come forward and present their case within 4 months.

Step 5 – Ones the Objections raised against the mark are countered and explained, the mark is registered as a Trademark and a registration certificate with the seal of the Trademark Office is issued. This certificate is valid for 10 years and must be renewed every 10 years in order to keep the trademark active.

What is the current official fee for filing the trademark application in India?

After the class of the trademark is identified, the government fees for getting the trademark registered can be decided. The attorney fees, if appointed any for this purpose, may be in addition to government fees. The filing fee of Trademark differs depending on category of applicant. In case the application is filed an Individual / Sole Proprietor, Startup or a Small Enterprise, Filing Fee is for each class and for each mark will be Rs.4500.00 In all other Cases, the Filing Fee for each class and for each mark will be Rs.9000.00.

What are the documents required for trademark registration in India?

There is requirement of different sets of documents for registering a mark under different category. During the trademark application process, there is no requirement for submitting original documents. Scan copy of the original document would suffice the requirement.

Individuals & Sole Proprietorship

Any individual – Indian National or Foreign National can easily register a trademark in India.

Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
Identity Proof of the individual or Proprietor.
Address Proof of the individual or Proprietor.

Partnership / LLP / Company – Small Enterprise or Startup

To be classified as a small enterprise, the applicant will have to provide Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required. In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:

Copy of Logo (Optional)
Signed Form-48.
Udyog Aadhar Registration Certificate.
Incorporation Certificate or Partnership Deed.
Identity Proof of Signatory.
Address Proof of Signatory.

Other Applicants

Copy of Logo (Optional)
Signed Form-48.
Incorporation Certificate or Partnership Deed.
Identity Proof of Signatory.
Address Proof of Signatory.

What are the important benefits associated with the registration of trademark in India?

Right to Exclusive Use: The exclusive rights to the trademark are one of the main advantages of trademark registration. For any goods or products falling under the classes for which the trademark is registered, the owner of the trademark may use the same application.
Reduces Unfair Competition: The exclusive right to sue third parties who use an identical or similar mark on their products without authorization is granted by the trademark registration. When third parties use a registered trademark for their products or goods without the owner’s permission, it amounts to infringement. The other trademarks that were applied just with the intention of deceiving public can be restricted.
Protects Goodwill: The development of a brand’s reputation and trust is one of the additional advantages of trademark registration. When a brand gains popularity among consumers, it becomes more amiable. It contributes to the development of recurring, devoted clients who choose the same brand when they recognize and purchase items under that brand.
Generates Assets: A company’s trademark is one of its intellectual properties. A trademark is therefore the company’s asset. The right to sell, assign, franchise, or use a trademark commercially is granted to the owner of a registered trademark, thereby creating a potential revenue stream. A well-known and well-respected trademark can also aid in obtaining funding from financial institutions.
Expands Business: Consumers typically select well-known trademarked goods or products. Customers trust well-known trademarked products and goods for their quality and reliability. It improves the company’s reputation. As a result, the business attracts a large number of clients, aiding in its expansion.

Why should one get their Trademark Registered?

A registered trademark provides protection against all the legal rights in respect of that trademark to its owner. It helps differentiate product & builds trust and goodwill, gives you an exclusive right to take legal action against a party who attempts make unauthorized use of your trademark, provides protection against unfair competition, attracts human resources and enhances asset creation

Is the registration of a trademark compulsory?

No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration.

What does ™ and ® signify, when can we use them?

The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark. Once a trademark is registered, then the applicant can start using the ® symbol next to the trademark. The R symbol signifies that the trademark is registered and enjoys protection from infringement under the Trademark laws.

What is the fees required for the Trademark registration?

The government charges ₹4,500 per class per application for trademark registration to individuals, DPIIT registered start-ups, and registered MSME filing a single mark in a single class. The government fees for trademark registration are ₹9,000 per class per application for all other entities. The registration fee for a collective mark is ₹10,000 for each application, per class.

Can a registered trademark be amended at later date?

Once your trademark application has been filed, you can make changes or corrections to it. The modifications, though, ought to be relatively small and shouldn’t significantly change the mark’s identity or the scope of the covered goods and services. Filing a new application might be necessary for significant changes.

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