Why Early Trademark Filing Matters for Startups & MSMEs
For startups and small businesses in Patna, Gaya, or Muzaffarpur, every idea is an asset — but only if it’s protected.
Your brand name, logo, or slogan defines your identity. Without a registered trademark, anyone can copy your name and legally sell under it — leaving you vulnerable to brand theft, reputation loss, or legal disputes.
Early filing benefits include:
Secures brand ownership nationwide under the Trademark Act, 1999
Blocks copycats from using your name or logo
Builds investor confidence during funding rounds
Enables licensing, franchising, and brand valuation
Saves time and cost by preventing future disputes
Choosing the Right Class(es): Product vs. Service Pivots
Trademarks are registered under specific classes (1–45) based on goods and services, as per the Nice Classification.
Choosing the right class is crucial — filing in the wrong one can render your registration useless.
Common Classes for Startups & MSMEs in Bihar
| Industry | Class | Example |
|---|---|---|
| Food, bakery, beverages | 30 | Mithila Sweets, Chhapan Bhog |
| Clothing, textiles | 25 | Bihar Ethnic Wear |
| Education, coaching | 41 | GyanPath Institute |
| IT, apps, SaaS | 42 | PatnaTech Pvt. Ltd. |
| Consultancy, marketing | 35 | StartupBiz Consultants |
| Manufacturing & packaging | 7, 16 | Industrial units, printers |
Product vs. Service Pivot Strategy
If you might expand your business (e.g., from product manufacturing to offering services), file multi-class applications to future-proof your protection.
Example:
A Patna fashion startup selling garments (Class 25) may later offer styling consultancy (Class 35). Filing both early saves future filing fees and protects your broader brand vision.
Specifying Goods/Services to Widen Protection (Without Overreach)
The goods/services description determines how broad your protection is.
Being too narrow limits your rights; too broad may lead to objections.
Smart Drafting Tips:
Use precise yet flexible language.
Example: Instead of “T-shirts”, use “Apparel including T-shirts, shirts, and casual wear.”Avoid vague terms like “goods” or “services.”
Ensure the description matches your business scope in Bihar.
💡 Pro Tip: Our experts at Bihar Advocates Club draft balanced, legally sound descriptions that maximize protection and minimize examiner objections.
User Claims: “Proposed to Be Used” vs. “Prior Use”
While filing Form TM-A, you must specify whether the mark is already in use or proposed to be used.
| Type | Meaning | Required Proof |
|---|---|---|
| Proposed to be Used | For new startups not yet operating | No prior proof needed |
| Used Since (Prior Use) | For businesses already using the mark | Evidence such as invoices, website, social media, or packaging |
💡 Tip:
Even if you’ve been using your mark informally, mentioning prior use helps strengthen your claim during objections or opposition.
Budgeting: Fees Overview & Professional Costs
Trademark registration in Bihar is affordable — especially for startups and MSMEs, thanks to government concessions.
| Applicant Type | Govt. Fee per Class | Typical Professional Fee | Total Cost |
|---|---|---|---|
| Startup / MSME / Individual | ₹4,500 | ₹2,000–₹4,000 | ₹6,500–₹8,500 |
| Company / LLP | ₹9,000 | ₹3,000–₹5,000 | ₹12,000–₹14,000 |
Documents Required
Aadhaar & PAN of applicant
Udyam / MSME Certificate
Logo (JPEG/PNG format)
Power of Attorney (if filing through lawyer)
Payment Tip:
Filing online through the official portal reduces processing time and errors.
👉 https://ipindiaonline.gov.in/trademarkefiling
Speed Hacks for Faster Approval
Even though trademark registration takes 12–18 months, startups can accelerate approvals and avoid delays with the following hacks:
1. Use Distinctive Names
Avoid generic names like “Bihar Bakery” or “Patna Traders.”
Coined or creative names (like “VyanjanHaus” or “TradeNest”) are approved faster.
2. Clean Descriptions
Avoid over-broad or vague product lists — they often trigger examiner objections.
3. High-Quality Logo
Submit a clean, high-resolution (black-and-white preferred) version for clarity.
4. Quick Objection Replies
If you receive an examination report, reply within 30 days with a legally drafted response — delays may lead to abandonment.
5. Follow-up Monitoring
Keep track of your TM status weekly on https://ipindiaonline.gov.in.
Brand Protection Stack: Beyond the Trademark
Smart startups protect their brand on multiple fronts.
A trademark is the first step — but not the last.
| Protection Type | What It Covers | Why It Matters |
|---|---|---|
| Trademark | Legal protection for name/logo | Prevents brand misuse |
| Domain Name | Your web identity (e.g., .in, .com) | Prevents cybersquatting |
| Social Media Handles | Brand consistency across platforms | Avoids impersonation |
| Copyright (optional) | Taglines, packaging designs | Protects creative work |
💡 Example:
A Patna-based MSME “SwaadBhoj Foods” secured their trademark, bought swaadbhoj.in, and registered matching social handles — ensuring a unified, protected identity across all digital touchpoints.
Local Case Studies (Anonymized)
Case Study 1 – Apparel Startup, Patna:
A local clothing brand applied for a trademark in Class 25 and faced objection for similarity with a Delhi-based brand. With Bihar Advocates Club’s legal reply citing distinct visual identity and prior regional use, the objection was cleared within 3 months.
Case Study 2 – EdTech MSME, Gaya:
Filed under Class 41 for “online learning services.” The client initially drafted their application with a generic description, leading to an objection. After re-filing with a precise description and trademark search, the mark got accepted without opposition.
Case Study 3 – Food Product MSME, Hajipur:
By filing under multiple classes (29, 30) and providing clear proof of use, the company not only got its registration faster but also prevented copycats in nearby states.
How Bihar Advocates Club Supports Startups & MSMEs
At Bihar Advocates Club, we understand that startups and MSMEs need fast, affordable, and reliable trademark solutions — without the legal jargon.
Our Services Include:
✅ Comprehensive trademark search & strategy
✅ Filing Form TM-A with class-specific drafting
✅ Objection reply & hearing representation
✅ Regular status tracking & updates
✅ Renewal, assignment, and infringement protection
Why Choose Us
Startup/MSME-friendly packages starting at ₹6,499
Filing within 24 hours
End-to-end support until registration
Experienced IP lawyers with 100+ successful filings in Bihar
📍 Location: Near Patna High Court, Bihar
📞 Call: +91-7783 060 749
📧 Email: info@biharadvocatesclub.in
Protect your startup before it grows — not after it’s copied.
File your Trademark in Patna today with Bihar Advocates Club’s expert legal team.