INTRODUCTION
To promote awareness and adoption of trademark rights other IP rights of start-ups, the Government of India initiated a scheme for facilitating Start-Ups Intellectual Protection (hereinafter referred to as “SIPP”) in the year 2016 and the same has been extended up to March 2023. We, at Decode IP has taken a pledge to assist Start-Ups which are inclined to nurture and mentor innovative and emerging technologies and assist them in protecting it at no additional cost as professional charges for registration, prosecution are reimbursed by The Office of the Controller General of Patents, Designs and Trade Marks (hereinafter referred to as “CGPDTM”) as per provisions under SIPP scheme.
ELIGIBILITY FOR START-UP
Any start-up recognised in terms of the notification GSR 127(E) published in the Gazette of India dated 19.2.2019, as may be amended from time to time. Eligibility Criteria for Start-up Recognition:
- The Start-up should be incorporated as a private limited company or registered as a partnership firm or a limited liability partnership;
- Turnover should be less than INR 100 Crores in any of the previous financial years;
- An entity shall be considered as a start-up up to 10 years from the date of its incorporation;
- The Start-up should be working towards innovation/ improvement of existing products, services and processes and should have the potential to generate employment/ create wealth. An entity formed by splitting up or Reconstruction of an existing business shall not be considered a "Start-up".
For more details please refer to the attached notification here. If you wish to register your company as a start-up, register here.
The Certificate of Recognition given by DPIIT may be verified from the Start-up India web portal http://www.startupindia.gov.in .
The start-ups covered under this scheme will not be required to obtain certificate of an eligible business from the Inter-Ministerial Board of Certification. However, start-ups will be required to give a self-declaration that they have not availed funds under any other Government scheme for the purpose of paying the facilitator/trademark agent for filing and prosecuting their IP application.
STATUTORY AND PROFESSIONAL FEE
The cost of the statutory fees payable for each patent, trademark or design applied for by a start-up after launch of this scheme shall be borne by the Start-up itself.
However, the professional fee shall not be paid by the Start-up, and this fee shall be paid directly to the facilitator by the Central Government through the office of the CGPDTM and disbursed by the respective IP office. This structure may be revised from time to time by the Department for Promotion of Industry and Internal Trade.
In the case of a Trademark application, final disposal of the application implies registration of the Trademark or final rejection of the application (except through withdrawal or abandonment), as the case may be.
| Stage of Payment | Trademarks |
|---|---|
| At the time of filing of Application | 2000 |
| At the time of disposal of Application (without opposition) | 2000 |
| At the time of disposal of Application (with opposition) | 4000 |
DISCLAIMER
The scheme does not in any way entitle the start-up or the facilitator to grant or registration, as the case maybe, of the trademark; the applications shall be disposed off as per the relevant laws and rules.
FORMS & FEES
| Forms | Purpose | Government Fee(INR) |
|---|---|---|
| TM A | Application for registration of trademark (For one trademark in one class), where: | 4500 |
| Applicant is a STARTUP; |
DOCUMENTS/ INFORMATION REQUIRED
- Complete name and address of the applicant.
- Trademark sought to be registered.
- Description of goods/ services in respect of which trademark is to be registered.
- Date of first use of trademark in DD/MM/YYYY format or statement that applicant intends to use the trademark.
- Signed Power of Attorney and/ or User Affidavit.
- In case of applicant registered under MSME or Start-Up, certificate to that effect.
TIMELINE
FAQS
Under the Start-up India Action Plan, start-ups that meet the definition as prescribed under G.S.R. notification 127 (E) are eligible to apply for recognition under the program. Eligibility Criteria for Start-up Recognition:
- The Start-up should be incorporated as a private limited company or registered as a partnership firm or a limited liability partnership
- Turnover should be less than INR 100 Crores in any of the previous financial years
- An entity shall be considered as a start-up up to 10 years from the date of its incorporation
- The Start-up should be working towards innovation/ improvement of existing products, services and processes and should have the potential to generate employment/ create wealth. An entity formed by splitting up or Reconstruction of an existing business shall not be considered a 'Start-up'.
The professional fee shall not be paid by the Start-up, and this fee shall be paid directly to the facilitator by the Central Government through the office of the CGPDTM and disbursed by the respective IP office.
The cost of the statutory fees payable for each trademark applied for by a start-up after launch of this scheme shall be borne by the Start-up itself.
Among other functions as may be decided by the CGPDTM, facilitators will be responsible for:
- Providing general advisory on trademark rights to Start-ups on pro bono basis
- Providing information on protecting and promoting trademarks to Start-ups in other countries on pro bono basis
- Providing assistance in filing and disposal of the trademarks applications under relevant Act at the national trademark office under the CGPDTM
- Preparing and filing responses to examination reports and other queries, notices or letters by the Trade Marks office
- Appearing on behalf of start-up at hearings, as may be scheduled
- Contesting opposition, if any, by other parties
- Ensuring final disposal of the trademark application.
Government fee for filing of application in one class is Rs. 4500/-.