What is a Startup according to the Trademarks Act?

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The Trademark Rules, 2017 have divided the Applicants in two categories:

Category A: Individual/ Startup / Small Enterprise
Category B: Others

A Startup means an entity in India recognized as a Startup by the competent authority under Startup India Initiative and submitting declaration to that effect.

The Trademark Rules, 2017 define “Startup” as an entity that satisfies the following criteria:

  • It is incorporated or registered in India, not prior to five (5) years,
  • Has an annual turnover not exceeding INR 25 Crores (Rupees Twenty-Five Crores only) / USD 250 Million (Two Hundred and Fifty Million United States Dollars) (approximately) in any preceding financial year and
  • Is working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property.
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