Wednesday, 8 January 2020

Should I register my company first before trademark registration, or can I register a trademark?

The answer to this is not straight forward. It depends upon various factors;
  1. How soon you want to get “TM” affixed after your wordmark? If in case you are in hurry to do so, then, do not wait, file it on Individual name and get started. Though these days, company registration is not a lengthy process but still it takes a week approx to register given little paperwork etc.
  2. Fees- If the applicant filing the trademark is Individual then Govt fees would be around Rs. 4500 per Wordmark per class while if Company files it, Govt fees is Rs. 9000 per Wordmark per class. So its double. Here we assume that the company is not registered as Start up/ MSME. Because if company is registered as Start up/ MSME, Govt fees would be lesser which is Rs. 4500
  3. Long term Goals- If you are focused and wish to work long term under company structure, then only, it is advised to go for applying through company. Otherwise, later assignment/ transfer of ownership would be lengthy and time consuming.
Given the above factors, decide and file the trademark application.

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