Lok Sabha Question No. 1687 (UNSTARRED), answered on 2020-09-21
Subject: Granting Trademark under Startup India
Ministry: COMMERCE AND INDUSTRY
Asked by: Prathap Simha, D. M. Kathir Anand

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE

## LOK SABHA

UNSTARRED QUESTION NO. 1687. TO BE ANSWERED ON MONDAY, THE 21 ST   SEPTEMBER, 2020.

## GRANTING TRADEMARK UNDER STARTUP INDIA

## 1687.  SHRI PRATHAP SIMHA: SHRI D.M. KATHIR ANAND:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state:

वाणिज्य एवं उद्योग मंत्री

- (a) whether  the  Government  proposes  to  provide  employment  by  granting trademark  to  people  under  the  Startup  India  Scheme  and  if  so,  the  details thereof;
- (b) the details of the provisions for granting trademark;
- (c) the time taken for granting trademark to an applicant after filing an application for the same;
- (d) whether there is any provision to take action against the officers who do not grant a trademark within the time limit;
- (e) if so, the details of the action taken against the erring officers during the last three years; and
- (f) if not, the reasons therefor?

## ANSWER वाणिज्य  एवं उद्योग मंत्री (श्री पीयूष गोयल) THE MINISTER OF COMMERCE & INDUSTRY (SHRI  PIYUSH GOYAL)

- (a): The Department for Promotion of Industry & Internal Trade (DPIIT), in order to facilitate trademarks for Startups, provides 50 % concession in statutory fees for filing trademarks applications. Also, under the startup facilitation  scheme,  a  list  of  facilitators  is  provided  at  Trade  Marks Offices' website (www.ipindia.nic.in) whose services may be availed by the  startups  for  application  for  registration  of  trademark  and  the professional charges of such facilitators is reimbursed by the government.
- (b): A  trademark  application  is  processed    in  accordance  with  The  Trade Marks  Act,  1999  and  The  Trade  Marks  Rules,  2017.  The  brief steps/stages for granting 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.
- (c): The  registration  certificate  for  trademark  is  normally  granted  to  the applicant within seven months from the date of filing of application, if no office objections are noted  in examination  and  no  opposition  is received  after  publication  of  the  trademarks  application  in  the  Trade Marks  Journal.  However,  examination  is  being  done  in  around  one month time from the date of filing of the trademarks application.
- (d): There  is  no  strict  time  limit  for  granting  a  trademark,  since  the procedure for trademark registration is a quasi-judicial process as per the Trade Marks Act, 1999. Internal guidelines are issued from time to time for quick disposal of applications, and, if any deliberate dereliction of duty is found on the part of any officer, appropriate action is taken as per the CCS Rules.
- (e) & (f): No such incidence has been noted till date.

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