Types of Trademark: A Comprehensive Guide

Jan 28, 2025
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A trademark is a unique identifier, such as a word, symbol, or design, that distinguishes the goods or services of one business from another. It plays a vital role in helping consumers identify the origin of products or services, ensuring authenticity and trust. 

There are different types of trademarks, including product marks, service marks, collective marks, and more. Each type serves a specific purpose, offering businesses a way to protect their intellectual property and enhance brand recognition. This article will explore the various categories of trademarks, their significance, and how they can be applied to businesses.

Table of Contents

Product Mark

A product mark is a kind of trademark used exclusively on goods, helping consumers identify the origin of the product and ensuring its authenticity. It plays a crucial role in distinguishing one business's goods from another, contributing to brand recognition and reputation.

Product marks fall under trademark classes 1 to 34, which categorise various types of goods, including chemicals, machinery, and textiles. For example, the "Nike" logo on shoes is a product mark that signifies the brand's origin and quality. 

Service Mark

A service mark is a trademark used to distinguish one business's services from those offered by others. Unlike product marks, which apply to goods, service marks highlight the origin and quality of services, helping customers identify and trust a particular service provider.

These marks typically fall under trademark classes 35 to 45, covering various services such as advertising, financial services, and hospitality. For instance, the "Taj Hotels" emblem represents a service mark that signifies premium hospitality services. 

Collective Mark

A collective mark is a type of trademark used to identify goods or services offered by members of a group, association, or institution. It ensures that the products or services meet specific quality or ethical standards set by the organisation holding the mark.

These marks distinguish the collective efforts of a group rather than an individual business. For example, the Chartered Accountant (CA) designation in India serves as a collective mark in trademark, representing professionals certified by the Institute of Chartered Accountants of India (ICAI).

Certification Mark

A certification mark is a symbol used to certify that a product meets specific standards related to origin, material, quality, or manufacturing methods. It guarantees that the certified product complies with established benchmarks, regardless of the owner’s business.

Certification mark examples include the "ISI" mark on electrical appliances and the "Agmark" label on food products in India, both of which assure consumers of quality and safety. Such marks are commonly found on food, electronics, and toys.

Shape Mark

A shape mark protects the distinctive shape of a product, enabling consumers to associate it with a specific brand. It ensures that unique designs contributing to a product's identity remain exclusive to the brand. For instance, the iconic contour shape of Coca-Cola bottles and the unique design of Fanta bottles are classic examples of shape marks that enhance brand recognition and trust.

Pattern Mark

A pattern mark protects distinctive designs or patterns used on a product to set it apart from competitors. To qualify, the pattern must be unique and easily recognisable—generic or common patterns are often rejected. For example, the well-known Burberry check pattern on their clothing and accessories is a classic pattern mark that helps identify the brand.

Demonstrating the uniqueness of the pattern is essential for successful registration, as it ensures the design remains exclusive to the brand, reinforcing its identity in the market.

Sound Mark

A sound mark is a unique audio signature linked to a product or service, allowing consumers to identify its origin through sound. It plays a significant role in branding, often used as an audio mnemonic in advertisements. A well-known example in India is the IPL tune, which instantly evokes recognition of the Indian Premier League.

Arbitrary and Fanciful Trademarks

Arbitrary and fanciful trademarks are distinct categories that stand out for their unique qualities. A fanciful mark is a made-up term or word with no prior meaning, making it highly distinctive and easy to register. For example, "Google" and "Kodak" are fanciful marks, as these words were coined specifically for the brands and have no inherent connection to their respective products.

On the other hand, an arbitrary mark uses a commonly known word but has no direct relation to the product or service it represents. "Apple," for instance, is an arbitrary mark since it’s a well-known word but doesn’t link directly to computers or electronics. 

Geographical Indications (GI)

A Geographical Indication (GI) is not a type of trademark but a separate form of intellectual property protection. It denotes a product’s specific geographic origin and assures consumers of its quality or reputation linked to that region. GIs help preserve the uniqueness of products tied to their location. For example, "Darjeeling Tea" and "Banarasi Silk" are GIs that signify the products’ origins and qualities unique to those regions.

How to Choose the Right Type of Trademark?

  1. Assess the Nature of Your Product/Service

    Determine the characteristics and qualities of your product or service. Understanding its nature helps in choosing the appropriate trademark type. For instance, if your product has a unique shape or design, a shape mark could be suitable. If your service stands out for its quality or reputation, a service mark might be more fitting.
  1. Focus on Branding Goals and Industry Standards

Consider your branding goals—whether you aim to build recognition, guarantee quality, or differentiate your offering. Also, take into account industry practices.

For instance, if you're part of a group or association, a collective mark might be more suitable, whereas a certification mark may be necessary for products requiring quality assurance. Ensure that the trademark aligns with your long-term branding strategy.

  1. Consult a Trademark Expert if Necessary

If you are uncertain about which trademark suits your business, it’s advisable to consult a trademark expert. They can assess your product or service and guide you on the best trademark type based on legal requirements and market needs. This ensures that your trademark selection is legally sound and provides optimal protection.

Examples of Trademarks in Action

  1. Food Industry

    Pepsi uses a product mark that consists of its distinctive logo, which is instantly recognisable by its red, white, and blue colour scheme. This trademark is essential in helping customers identify the Pepsi brand in a competitive market filled with various soft drink options. The product mark not only includes the logo but also the unique design of its packaging, ensuring that every Pepsi product stands out on store shelves.
  1. Fashion Industry

Louis Vuitton has trademarked its iconic monogram pattern as a pattern mark. This pattern, featuring the “LV” logo repeated across their products, is instantly recognisable worldwide. The distinctive design appears on bags, luggage, and other luxury accessories, making it a signature of high-end fashion.

By using this pattern mark, Louis Vuitton differentiates itself from other brands and maintains its status in the luxury market, ensuring that customers associate the design with quality and exclusivity.

  1. Technology Industry

    The name Microsoft is a suggestive mark. It combines “microcomputer” and “software,” hinting at its products (software for small computers) without explicitly describing them. Suggestive marks require consumers to make a mental connection between the name and the product or service.


This type of trademark is distinctive while maintaining a subtle association with the brand's offerings, making it a powerful branding tool in the technology sector.

  1. Hospitality Industry

    Marriott International uses a service mark to represent its brand and distinguish its services in the hospitality industry. The service mark covers not only the name “Marriott” but also its reputation for providing high-quality customer service, luxury, and a wide range of hospitality offerings.

From hotels to resorts, Marriott’s service mark assures customers of a consistent experience, helping the brand stand out in the competitive world of hotels and travel.

Frequently Asked Questions

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  • Professional services 
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Frequently Asked Questions

What are the different types of trademarks?

The different types of trademarks include product marks, service marks, collective marks, certification marks, shape marks, pattern marks, and sound marks etc. 

What are 2 examples of a trademark?

Two examples of trademarks are the "Nike" swoosh logo, representing the brand's sportswear and footwear, and the "Apple" logo, symbolising the technology company's products like iPhones and Macs. 

What are the different types of IPR?

Intellectual Property Rights (IPR) include copyrights, trademarks, patents, designs, and geographical indications (GI). These rights help protect the creations and innovations of individuals or businesses, ensuring legal protection and exclusivity.

What is the full form of TRIPS?

TRIPS stands for Trade-Related Aspects of Intellectual Property Rights. It is an international legal agreement that sets minimum standards for protecting and enforcing intellectual property rights across countries.

How to register a product mark in India?

To register a product mark in India, you need to select a trademark agent (if not based in India), choose a distinctive mark and relevant class, and conduct a search for availability. Then, file the application with the required documents and fees. The application will be examined, published for opposition, and, if no objections arise, it will be registered for 10 years.

Benefits of having a service mark for your business

A service mark helps protect your business’s identity and reputation in the market. It distinguishes your services from competitors, boosts consumer confidence, and provides legal protection against imitation. 

What is a collective mark and how does it work?

A collective mark is a trademark used by members of a group, association, or organisation to signify that the goods or services meet certain standards the collective owner sets. It helps distinguish products or services from those of non-members, ensuring quality and origin.

Sarthak Goyal

Sarthak Goyal is a Chartered Accountant with 10+ years of experience in business process consulting, internal audits, risk management, and Virtual CFO services. He cleared his CA at 21, began his career in a PSU, and went on to establish a successful ₹8 Cr+ e-commerce venture.

He has since advised ₹200–1000 Cr+ companies on streamlining operations, setting up audit frameworks, and financial monitoring. A community builder for finance professionals and an amateur writer, Sarthak blends deep finance expertise with an entrepreneurial spirit and a passion for continuous learning.

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Digital Entrepreneur: Definition, Key Traits & How to Become One

Digital Entrepreneur: Definition, Key Traits & How to Become One

The rise of digital technology has completely changed how businesses are built. Today, anyone with an internet connection and a great idea can become an entrepreneur! Unlike traditional businesses that rely on physical stores or offices, digital entrepreneurs use online platforms, digital tools, and automation to create, market, and sell their products or services.

This shift has made starting a business easier than ever—you can launch from your laptop, scale globally, and reach customers 24/7. In this blog, we’ll break down what it means to be a digital entrepreneur, the must-have traits for success, and a step-by-step guide to turning your idea into a thriving online business.

Table of Contents

Who is a Digital Entrepreneur?

A digital entrepreneur is someone who builds and operates a business primarily online. They leverage digital tools, platforms, and technology to create and sell products or services. This can include e-commerce businesses, online courses, content creation, software-as-a-service (SaaS), and more.

Unlike traditional entrepreneurs who rely on physical storefronts or services, digital entrepreneurs operate in the virtual space, maximising global reach and scalability.

Is Digital Entrepreneurship on The Rise?

Yes! The digital entrepreneurship trend has grown significantly due to factors such as:

This model has gained immense popularity due to advancements in , where people prefer personalised shopping experiences and direct engagement with brands.

  • Increased internet accessibility
  • Advancements in digital marketing
  • Changing consumer behaviour toward online shopping and services
  • Growth of remote work opportunities
  • Rise of automation and AI-driven business models

Recent statistics show a significant increase in e-commerce and online-based businesses, highlighting the shift towards digital entrepreneurship.

Digital Entrepreneur Vs Traditional Entrepreneur

Key Differences:

Feature Digital Entrepreneur Traditional Entrepreneur
Business model Online-based Physical storefronts or services
Investment Low startup costs High capital investment
Scalability High, global reach Limited to physical locations
Customer acquisition Digital marketing strategies In-person sales & marketing
Flexibility Work from anywhere Location-dependent

What Are The Traits Of a Digital Entrepreneur?

Becoming a successful digital entrepreneur requires more than just a great idea—it takes a unique mix of skills and mindset to navigate the fast-paced online world. Here are the essential traits that set digital entrepreneurs apart:

  1. Adaptability – Ability to pivot based on market trends.
  2. Creativity – Innovative problem-solving and branding skills.
  3. Tech-Savviness – Understanding of digital tools and platforms.
  4. Risk-Taking – Willingness to experiment with new strategies.
  5. Data-Driven Thinking – Leveraging analytics for informed decision-making.
  6. Strong Digital Marketing Skills – Proficiency in SEO, social media, and content marketing.

What Does a Digital Entrepreneur Do?

Digital entrepreneurs engage in various activities, including:

  • Building and managing e-commerce businesses
  • Developing and selling digital products (eBooks, courses, software)
  • Leveraging social media for branding and marketing
  • Utilising SEO and paid ads to drive traffic
  • Managing customer relationships through CRM tools
  • Analysing market trends and optimising strategies

Benefits of Being a Digital Entrepreneur

  1. Low Startup Costs – No need for physical infrastructure.
  2. Global Reach – Ability to sell products or services worldwide.
  3. Flexible Work Schedule – Work from anywhere at any time.
  4. Passive Income Opportunities – Recurring revenue models like memberships and subscriptions.
  5. Scalability – Easy to expand and grow a digital business.

Limitations of Being a Digital Entrepreneur

  1. High Competition – Saturated online markets.
  2. Dependence on Technology – Reliance on digital tools and platforms.
  3. Cybersecurity Risks – Data breaches and online fraud concerns.
  4. Inconsistent Income – Revenue fluctuations based on demand and market changes.
  5. Continuous Learning – Rapidly evolving digital landscape requiring constant skill upgrades.

Why Become a Digital Entrepreneur? Top 5 Reasons!

1. Financial Independence

Becoming a digital entrepreneur means you're no longer trading time for money in the traditional sense. You can create multiple income streams from online courses, affiliate marketing, and digital products, to subscription-based services.

2. Flexibility and Work-Life Balance

No more rigid 9-to-5. As a digital entrepreneur, you set your own hours, build around your energy peaks, and work from wherever you feel most productive- home, café, co-working space, or even the beach.
This freedom allows you to spend more time with family, travel, or pursue personal interests while still growing a business that aligns with your lifestyle.

3. Reach a Global Audience

The internet removes geographical boundaries. You can launch a product in India and have your first customer in the US, Europe, or Southeast Asia within hours.

4. Business Scalability

Traditional businesses often require large teams, inventory, or physical space to grow. A digital business can scale rapidly without significant overhead. Automated systems, cloud tools, and digital marketing allow you to grow your impact and revenue exponentially with the same or fewer resources.

5. Opportunities for Passive Income

One of the biggest appeals of digital entrepreneurship is the potential to earn while you sleep. Once set up, digital assets like eBooks, online courses, memberships, or digital downloads can continue generating income without constant input.

Essential Skills Required to Become a Digital Entrepreneur

To succeed in digital entrepreneurship, one must develop key skills such as:

  • Digital Marketing (SEO, PPC, Social Media Marketing)
  • Content Creation (Blogs, Videos, Podcasts)
  • Social Media Management
  • Data Analytics & Market Research
  • Financial Management & Budgeting
  • Automation & CRM Tools Usage

How to Start Your Digital Entrepreneurship Journey: A Step-by-Step Guide

1. Identify a Niche

Your journey begins with clarity. Start by choosing a niche that blends your passion, skills, and real-world demand.
Ask yourself:

  • What topics or problems do I love talking about?
  • Where have I seen people willing to pay for solutions?
  • Can I offer something better, faster, or easier?

2. Validate Your Business Idea

Before you build, test the waters. Conduct market research to understand:

  • Who your ideal customer is
  • What problems do they face
  • What existing solutions exist (and how you can differentiate them)

Try this:

  • Launch a simple landing page with a lead magnet or waitlist
  • Post polls or surveys in niche communities
  • Offer a small-scale paid beta to early adopters

If people are willing to pay or share their email, you’re onto something.

3. Build an Online Presence

This is your digital storefront. A strong online presence builds trust and makes you discoverable.
Start with:

  • A simple, professional website (think: one-page intro, services, and contact form)
  • Clear branding and messaging
  • Social media profiles on platforms where your audience spends time (Instagram, LinkedIn, Twitter, etc.)

4. Develop a Digital Marketing Strategy

Now it’s time to attract, engage, and convert your audience.
An ideal digital marketing mix could include the following:

  • SEO: So you show up when people Google your niche
  • Content Marketing: Blogs, videos, or newsletters that build authority
  • Social Proof: Testimonials, case studies, user-generated content
  • Paid Ads: For targeted reach and faster growth

5. Monetize Your Business

Once you’ve built attention and trust, it’s time to turn value into revenue. Popular digital monetisation models include:

  • Selling digital products (eBooks, templates, courses)
  • Freemium + subscription (tools, communities, membership sites)
  • Affiliate marketing (earn by recommending tools/services you love)
  • E-commerce or dropshipping (selling physical products online)

6. Scale Your Business

With traction in place, shift focus to optimisation and scale:

  • Automate repetitive tasks (emails, invoicing, onboarding)
  • Hire freelancers or delegate support functions
  • Create systems to deliver value without your constant presence
  • Explore partnerships, international markets, or additional revenue streams

Tools and Resources for Digital Entrepreneurs

Here are essential tools digital entrepreneurs can use:

  • Website Builders: WordPress, Shopify, Wix
  • E-commerce Platforms: WooCommerce, BigCommerce
  • Digital Marketing Tools: Google Analytics, SEMrush, Mailchimp
  • Social Media Management: Hootsuite, Buffer
  • SEO Tools: Ahrefs, Moz
  • Financial Management: QuickBooks, Razorpay

2. Validate Your Business Idea

Before you build, test the waters. Conduct market research to understand:

  • Who your ideal customer is
  • What problems do they face
  • What existing solutions exist (and how you can differentiate them)

Try this:

  • Launch a simple landing page with a lead magnet or waitlist
  • Post polls or surveys in niche communities
  • Offer a small-scale paid beta to early adopters

If people are willing to pay or share their email, you’re onto something.

3. Build an Online Presence

This is your digital storefront. A strong online presence builds trust and makes you discoverable.
Start with:

  • A simple, professional website (think: one-page intro, services, and contact form)
  • Clear branding and messaging
  • Social media profiles on platforms where your audience spends time (Instagram, LinkedIn, Twitter, etc.)

4. Develop a Digital Marketing Strategy

Now it’s time to attract, engage, and convert your audience.
An ideal digital marketing mix could include the following:

  • SEO: So you show up when people Google your niche
  • Content Marketing: Blogs, videos, or newsletters that build authority
  • Social Proof: Testimonials, case studies, user-generated content
  • Paid Ads: For targeted reach and faster growth

5. Monetize Your Business

Once you’ve built attention and trust, it’s time to turn value into revenue. Popular digital monetisation models include:

  • Selling digital products (eBooks, templates, courses)
  • Freemium + subscription (tools, communities, membership sites)
  • Affiliate marketing (earn by recommending tools/services you love)
  • E-commerce or dropshipping (selling physical products online)

6. Scale Your Business

With traction in place, shift focus to optimisation and scale:

  • Automate repetitive tasks (emails, invoicing, onboarding)
  • Hire freelancers or delegate support functions
  • Create systems to deliver value without your constant presence
  • Explore partnerships, international markets, or additional revenue streams

How Razorpay Rize Helps Digital Entrepreneurs?

Razorpay Rize offers valuable solutions for digital entrepreneurs by providing:

  • Company Registration Assistance: Helping entrepreneurs legally establish their businesses as Private Limited, LLP & OPC.
  • Community: Building a strong community of 1,000+ early-stage founders to learn and grow together.
  • Dedicated programs: Running programs like Rize for YC and Pitch Perfect to help you pitch better, apply to YC, and raise funds.
  • Tools & Resources: Providing essential tools and resources like company registration, startup banking, and ready-to-use templates.

Final Thoughts

Digital entrepreneurship is a great way to start and grow a business with low upfront costs. With the right tools, skills, and mindset, anyone can build a profitable venture online. Whether it’s an eCommerce store, a coaching business, or a content brand, success comes from learning, staying creative, and adapting to change. There’s never been a better time to get started!

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Frequently Asked Questions

How do I identify a market for my digital business?

Start by exploring what you're passionate about and combine that with real demand. Look for problems people face, check search trends, join online communities, and analyse what people are already paying for. A good market has demand, room for differentiation, and growth potential.

How do I manage the growth and scale of my digital company?

Use tools and systems to automate tasks, hire freelancers or small teams, and focus on what's working. Invest in marketing, improve your product or service, and stay close to customer feedback.

Do I need a lot of money to start a digital business?

Not necessarily. Many digital businesses can be started with a small budget. You can begin with a simple website, free tools, and organic marketing. Start lean, validate fast, and reinvest profits into growth.

How can I validate my digital business idea before launching?

Talk to potential customers, create a landing page or MVP, run surveys or offer a pre-sale. The goal is to test interest and willingness to pay before investing too much time.

How do digital entrepreneurs make money?

They earn through various models like:

  • Selling digital products (eBooks, courses, templates)
  • Offering services or consulting
  • Running online stores (eCommerce)
  • Subscriptions or memberships
  • Affiliate marketing and ads

Choose the model that best fits your skills and audience.

Swagatika Mohapatra

Swagatika Mohapatra is a storyteller & content strategist. She currently leads content and community at Razorpay Rize, a founder-first initiative that supports early-stage & growth-stage startups in India across tech, D2C, and global export categories.

Over the last 4+ years, she’s built a stronghold in content strategy, UX writing, and startup storytelling. At Rize, she’s the mind behind everything from founder playbooks and company registration explainers to deep-dive blogs on brand-building, metrics, and product-market fit.

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Requirements to Obtain the Shop and Establishment Act Registration

Requirements to Obtain the Shop and Establishment Act Registration

The Shop and Establishment Act is a vital piece of legislation that governs the working conditions and employment terms in shops, commercial establishments, and other non-manufacturing businesses across India. As an entrepreneur or business owner, it's essential to understand the registration process and ensure compliance with the provisions of this Act, which are enforced by the respective State Labour Departments.

Obtaining the Shop and Establishment License is a mandatory requirement for most businesses operating in India. Whether you're setting up a retail store, restaurant, office, theatre, or even an online business, you'll need to register under the Shop and Establishment Act to legally operate in your state.

Table of Contents

The Shop and Establishment Act

The Shop and Establishment Act is a state-specific legislation aimed at regulating and standardising the working conditions in shops, commercial establishments, hotels, restaurants, and other service-oriented businesses. The primary objective of this Act is to ensure fair and humane treatment of workers by stipulating guidelines for:

  • Work hours and overtime
  • Minimum wages
  • Leave and holiday policies
  • Employee welfare and benefits

Since each state has its own version of the Act, the specific rules and regulations may vary depending on where your business is located. However, the core principles of employee protection and standardised work conditions remain consistent across all states.

Registration Under The Shop and Establishment Act

For most businesses in India, registration under the Shop and Establishment Act is mandatory. Any shop, commercial establishment, or service-based enterprise—whether physical, online, or home-based—must obtain this license within 30 days of starting operations, as per state-specific regulations.

The registration process involves submitting an application to the Chief Inspector or Labour Commissioner of your area, along with the required documents and fees. Upon verification and approval, you'll receive a Shop and Establishment License, which serves as proof of your legal compliance and is essential for:

  • Opening business bank accounts
  • Applying for loans and financial assistance
  • Availing government schemes and benefits

Failing to obtain the necessary registration can result in penalties, fines, and legal consequences, so it's crucial to prioritise this process as you set up your business.

Setting up your business? Get expert help with Shop and Establishment Registration and Company Registration today.

Regulations Under The Shop and Establishment Act

To ensure fair and safe working conditions for employees, the Shop and Establishment Act lays down several regulations that employers must adhere to. Some of the key areas covered under the Act include:

  1. Work Hours and Overtime:
    • Standard work hours for adults are typically limited to 8-9 hours per day and 48 hours per week.
    • Overtime wages, usually double the regular rate, must be paid for work beyond the standard hours.
    • Employees are entitled to a weekly off of at least 24 consecutive hours.
  2. Wages:
    • Employers must pay wages on time, typically by the 7th or 10th of the following month, depending on employee count.
    • Men and women must receive equal remuneration for the same work, as per the Equal Remuneration Act, 1976.
  3. Leave and Holidays:
    • Workers are entitled to various types of leave, such as earned leave, casual leave, and sick leave.
    • The number of leave days and paid holidays varies by state.
  4. Employee Welfare:
    • Employers must provide basic amenities such as drinking water, clean toilets, first-aid kits, and a crèche (if employing more than 50 women).
    • The workplace should be well-ventilated, adequately lit, and maintained at a comfortable temperature.
  5. Record-Keeping:
    • Businesses must maintain proper records of work hours, leave, overtime, wages, and other employee-related data.
    • Wage slips must be provided to employees every month, detailing their earnings and deductions.
  6. Display of Notices and Registers:
    • The Shop and Establishment Registration certificate and an abstract of the Act must be prominently displayed in the local language.
    • Employers must maintain registers such as appointment letters, service books, leave records, and wage registers.

By adhering to these regulations, businesses can create a safe, fair, and compliant work environment for their employees.

Eligible Businesses under the Shops and Establishments Act

The Shops and Establishments Act applies to a wide range of businesses, including but not limited to:

  • Shops and retail establishments
  • Commercial offices (e.g. legal, accounting, consulting)
  • Service providers (e.g. IT firms, salons, courier services)
  • Hotels, restaurants, and eateries
  • Educational institutions and training centres (e.g. coaching centres, training institutes)
  • Healthcare facilities and clinics (e.g. clinics, diagnostic centres)
  • Entertainment and recreational centres (e.g. theatres, gyms, amusement parks)

However, the specific applicability may vary from state to state. For example, some states require registration for establishments with a minimum of 10 employees, while others have a lower threshold. Manufacturing units and factories are generally not covered under this Act, as they are governed by the Factories Act.

To ensure compliance, it's essential to verify your business's eligibility with your local state authority and adhere to the specific requirements laid down by your state's Shop and Establishment Act.

Requirements to obtain the Shop and Establishment Act Registration

To obtain the Shop and Establishment Act Registration, you'll need to apply along with the following documents and details:

  1. Business Information:
    • Name and address of the establishment
    • Nature of business activity
    • Number of employees
    • Working hours and shifts
  2. Proof of Identity and Address:
    • Owner's identity proof (Aadhaar card, PAN card, etc.)
    • Proof of business address (rental agreement, property deed, etc.)
  3. Other Documents:
    • Partnership deed or incorporation certificate (for partnership firms and companies)
    • Layout plan of the establishment
    • List of employees with their details
    • Consent letter from the property owner (if operating from rented premises)
  4. Registration Form:
    • Duly filled and signed application form, which can be obtained from the local labour department or downloaded from their website.
  5. Fees:
    • Registration fees vary by state and are typically based on the number of employees and the nature of the business.

Some states may have additional requirements, so it's essential to check with your local labour department for the exact list of documents and procedures specific to your state.

Process For Obtaining Shop and Establishment Registration

The process for obtaining the Shop and Establishment Registration may vary slightly from state to state, but the general steps involved are as follows:

  1. Visit the website of your state's labour department or the online portal for Shop and Establishment Act Registration.
  2. Fill out the online application form with the required details, such as:
    • Employer name and contact information
    • Establishment name and address
    • Nature of business
    • Number of employees
    • Working hours and shifts
  3. Upload the necessary documents, as mentioned in the previous section, in the prescribed format (usually PDF or JPEG).
  4. Pay the registration fees online using a credit card, debit card, or net banking.
  5. Submit the application and wait for the labour department to verify your documents and details.
  6. Upon successful verification, you will receive the Shop and Establishment Registration certificate, either electronically or by post.

Alternatively, you can also opt for the offline process by visiting the local labour department office, submitting the physical application form, and paying the fees in person. However, the online process is generally faster and more convenient.

Once you obtain the registration certificate, make sure to display it prominently at your establishment and renew it before the expiry date to maintain compliance with the Act.

Validity of Shop And Establishment Registration

The validity of the shop and establishment license varies from state to state. Some states provide a lifetime registration, while others require periodic renewal. The renewal period can range from 1 to 5 years, depending on the state. Some states, like Maharashtra and Delhi, offer long-term or lifetime validity—up to 10 years or even 21 years—while others such as Karnataka, Tamil Nadu, and Uttar Pradesh require periodic renewal every 3 to 5 years. The registration fees also differ and are typically calculated based on the number of employees, the nature of the business, and the duration of registration selected.

It's crucial to keep track of your registration's validity and initiate the renewal process well before the expiry date to avoid any lapses in compliance. Renewal fees and procedures may also differ by state, so make sure to check with your local labour department for the most up-to-date information.

Conclusion

Registering under the Shop and Establishment Act is a vital step for any business operating in India’s commercial sector. It not only ensures legal compliance but also promotes transparent and fair employment practices. By understanding your state’s specific rules, maintaining accurate records, and renewing your registration on time, you can protect your business and your employees.

Compliance isn't just a legal formality—it's a foundation for sustainable growth and a responsible workplace.

Frequently Asked Questions

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Frequently Asked Questions

What documents are required for shop and establishment registration in UP?

  1. To register your shop or establishment in Uttar Pradesh, you'll need to submit the following documents:
    • Duly filled application form
      (Available online through the UP Labour Department portal)
    • Proof of business address
    • Identity proof of the owner(s)
    • List of employees
    • Layout plan of the establishment
    • Partnership deed or incorporation certificate (if applicable)
    • Consent letter from the property owner (if operating from a rented premises)

What are the documents required for shop and establishment registration in Maharashtra?

  1. In Maharashtra, you'll need to submit the following documents for Shop and Establishment Registration:
    • Completed application form
    • Proof of business address
    • Identity proof of the owner(s)
    • Partnership deed or incorporation certificate (if applicable)
    • List of employees
    • Layout plan of the establishment
    • Fees as prescribed by the state

How do I get permission to open a shop?

  1. To obtain permission to open a shop, you'll need to follow these steps:
    • Register your business under the Shop and Establishment Act by submitting the required documents and fees.
    • Obtain any additional licenses or permits specific to your business.
    • Ensure compliance with local zoning regulations and building codes.
    • Apply for a GST registration if your annual turnover exceeds the prescribed threshold.
    • Open a business bank account and maintain proper financial records.

Akash Goel

Akash Goel is an experienced Company Secretary specializing in startup compliance and advisory across India. He has worked with numerous early and growth-stage startups, supporting them through critical funding rounds involving top VCs like Matrix Partners, India Quotient, Shunwei, KStart, VH Capital, SAIF Partners, and Pravega Ventures.

His expertise spans Secretarial compliance, IPR, FEMA, valuation, and due diligence, helping founders understand how startups operate and the complexities of legal regulations.

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How to Draft a Co-founders Agreement? A complete Guide

How to Draft a Co-founders Agreement? A complete Guide

Starting a company with one or more co-founders is one of the most exciting parts of the entrepreneurial journey. But amidst the rush of building products, finding customers, and chasing early traction, one foundational step often gets overlooked: putting a co-founders agreement in place.

The Co-founders Agreement lays out how the founding team will operate, make decisions, handle equity, resolve disagreements, and plan for the unexpected. Without it, even the strongest partnerships can run into miscommunication, conflict, or costly misunderstandings down the road.

In this article, we’ll break down the key elements of a co-founders agreement, explain why it’s essential from day one, and guide you through the decisions you’ll want to document before your startup grows.

Table of Contents

Understanding the Importance of a Co-Founder Agreement

A co-founders agreement is a governance framework. It provides clarity on expectations, defines legal boundaries, and establishes protocols for decision-making and dispute resolution.

Without it, startups risk misalignment, equity disputes, or founder exits that can derail momentum. Having this agreement from day one ensures:

  • Legal protection for all founders
  • Clear accountability
  • Faster resolution in case of conflicts
  • Long-term business stability

How to Determine Roles?

Before you split the equity or assign job titles, align on why you’re building this company. Once your mission is clear, it becomes easier to define what roles each founder should play.

Not all founders are the same, and not all will lead the same functions. Role clarity prevents overlap, power struggles, and decision-making delays.

Here’s a quick overview of typical leadership roles:

  • CEO (Chief Executive Officer): Sets vision, makes high-level decisions, and manages investors.
  • COO (Chief Operating Officer): Manages day-to-day operations, hiring, and internal workflows.
  • CFO (Chief Financial Officer): Oversees finances, fundraising, and budgeting.
  • President: Often works alongside the CEO, focusing on strategy execution or external relations.
  • CMO (Chief Marketing Officer): Leads branding, marketing, and growth strategy.
  • CTO (Chief Technology Officer): Drives product development and tech architecture.

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How to Split Equity?

One of the trickiest parts of a co-founder agreement is deciding who gets what percentage of the company.

Spoiler alert: Equal splits are often unfair. While it might feel diplomatic to go 50/50 (or 33/33/33), it rarely reflects the actual contributions of each founder. Equity should reward value creation, not just presence.

Consider these factors:

  • Who initiated the idea?
  • Level of early involvement and contribution
  • Full-time vs part-time commitment
  • CEO or leadership responsibilities
  • Prior experience, networks, and domain expertise

It’s advisable to use structured frameworks or equity calculators and ensure all discussions are documented. Vesting schedules (typically four years with a one-year cliff) should also be agreed upon and reflected in the agreement.

Compensation and Salary Expectations

Most early-stage startups operate with limited capital. Founders often defer salaries or draw nominal compensation. However, clarity on current and future remuneration is essential.

The agreement should include:

  • Initial salary (if any) or deferred compensation model
  • Milestones or triggers for compensation reviews (e.g., seed funding, profitability)
  • Equity-to-cash trade-offs, especially for operational founders
  • Provisions for salary revisions approved by a board or mutual consent

Decision-Making and Dispute Resolution

Defining decision rights helps prevent operational gridlock and ensures strategic alignment. The co-founders agreement should outline the following:

  • Voting rights: Specify which decisions require a majority, supermajority, or unanimous consent (e.g., capital raise, hiring key executives, M&A decisions).
  • Dispute resolution mechanisms: Include mediation and arbitration clauses to resolve disagreements outside of court.
  • Deadlock provisions: Outline how to handle situations where founders are split, potentially via third-party adjudicators or rotating authority.
  • Exit protocols: Determine how decisions are made in case a founder decides to leave or is asked to step down.

Exit Strategies and Buyout Clauses

Exit events, whether planned or unforeseen, can significantly impact the startup’s equity structure. A co-founders agreement should detail:

  • Voluntary exit protocols: Including share sale rights, notice periods, and replacement planning.
  • Involuntary exit terms: For cause (e.g., misconduct) or no-fault exits (e.g., health issues).
  • Buyout clauses: How shares are valued (e.g., pre-agreed formula, external valuation), who has the first right to buy, and what triggers a forced sale.
  • Non-compete clauses: Restrictions on joining or starting competing ventures post-exit.

Without a clear exit plan, founder departures can become messy, expensive, and emotionally draining.

Non-Disclosure Agreements (NDAs)

Startups thrive on ideas, data, and speed. A loose-lipped founder or ex-founder can derail all of that. To protect your IP, customers, and strategy, include a strong non-disclosure clause in the co-founder agreement. It should cover:

  • What qualifies as “confidential information”?
  • How long the NDA lasts (often 1–3 years post-exit)
  • Consequences of breaching the NDA

Founders should also agree on how sensitive materials like business plans, prototypes, and user data are handled upon exit.

Death, Disability, and Divorce Clauses

Contingency planning for life events is often overlooked but is essential to safeguard the business. Your agreement should include:

  • Death clause: Specifies who inherits equity, buyback options for the company, and whether heirs receive any operational role.
  • Disability clause: Details how long a founder can be inactive before reevaluation and whether shares can be repurchased or roles reassigned.
  • Divorce clause: Ensures founder shares don’t get transferred to a spouse, with provisions for company buyback to retain control.

These clauses protect both the business and surviving founders from unforeseen legal and financial disruptions.

Frequently Asked Questions

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Register your business
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Register your business
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Register your Limited Liability Partnership in just 1,499 + Govt. Fee

Register your business

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

What are the points of a co-founder agreement?

A co-founder agreement typically includes the following key components:

  • Equity Ownership & Vesting Schedule
  • Roles & Responsibilities
  • Compensation & Salary Terms
  • Decision-Making Protocols
  • Dispute Resolution Mechanisms
  • Exit Clauses & Buyout Terms
  • Confidentiality (NDA) Provisions
  • IP Assignment
  • Death, Disability, and Divorce Clauses

What are the 3 main reasons you should want a co-founder?

  1. Complementary Skills
    A strong co-founder brings expertise you may not have, be it in tech, operations, sales, or strategy, helping you build faster and smarter.

  2. Shared Responsibility & Emotional Support
    Entrepreneurship is a rollercoaster. Having someone equally invested in the highs and lows provides mental resilience and shared accountability.

  3. Stronger Investor Appeal
    Many investors prefer teams over solo founders. A balanced co-founding team signals collaboration, diverse thinking, and execution capability.

Is a founder's agreement legally binding?

Yes, a founder’s agreement or co-founders agreement is legally binding if it’s properly drafted and signed by all parties. It is treated like any other contract under contract law and can be enforced in court or through arbitration, depending on the jurisdiction and terms stated.

What is the difference between a founder and a co-founder agreement?

Founder Agreement and Co-founder Agreement are often used interchangeably, but there can be subtle differences based on context:

  • Founder Agreement usually refers to an agreement between a solo founder and the company, often covering IP assignment, vesting, and equity terms.

  • Co-founder Agreement refers to a contract between multiple founders of the same startup, defining how they work together, split ownership, make decisions, and handle disputes.

In practice, for teams of two or more founders, a co-founder agreement is more relevant and comprehensive.

Mukesh Goyal

Mukesh Goyal is a startup enthusiast and problem-solver, currently leading the Rize Company Registration Charter at Razorpay, where he’s helping simplify the way early-stage founders start and scale their businesses. With a deep understanding of the regulatory and operational hurdles that startups face, Mukesh is at the forefront of building founder-first experiences within India’s growing startup ecosystem.

An alumnus of FMS Delhi, Mukesh cracked CAT 2016 with a perfect 100 percentile- a milestone that opened new doors and laid the foundation for a career rooted in impact, scale, and community.

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We would recommend Razorpay Rize incorporation services to any founder without a second doubt. The process was beyond efficient and show's razorpay founder's commitment and vision to truly help entrepreneur's and early stage startups to get them incorporated with ease. If you wanna get incorporated, pick them. Thanks for the help Razorpay.

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