Trademark Registration for Partnership Firms
Trademark is termed as the unique signs that are used to make the goods or services distinguishable from others. They can be designs, pictures, signs, or even expressions. To get the protection of trademark rights, a person /entity has to apply for trademark registration.
Trademark registration helps in preventing others from copying the mark (Registered mark) and misrepresenting other products with the registered mark. Registered trademarks help the customers in recognizing the brand and the brand value at one instance.
A registered trademark is the business’s intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.
The Meaning of Trademark.
An Trade mark(famously known as brands name in layman’s language) is a visual image which might be a word to show the wellspring of the merchandise, a mark, name, gadget, name, numerals, or mix of tones utilized, or benefits, or different articles of business to recognize it from other comparable labor and products started from another. An Trade mark gives insurance to the proprietor of the imprint by guaranteeing the selective right to utilize it or to approve one more to utilize something very similar consequently of installment. Trade mark insurance authorized by the courts, which in many frameworks have the position to obstruct the brand name encroachment. Exchange marks advance drive and endeavor worldwide by remunerating the proprietors of exchange marks with acknowledgment and monetary benefit.
Importance of Trademark
- Trademarks are an effective communication tool.
- Trademarks make it easy for customers to find you.
- Trademarks are a valuable asset.
- Trademarks can make hiring easier.
- Trademarks are a bargain to obtain.
- Trademarks never expire.
- Trademarks allow businesses to effectively utilize the Internet and social media.
Who files the Trademark Application?
The candidate needs to approve a Trademark Agent through a Power of Attorney for documenting the Trademark Application with the Trademark Registry. The Trademark specialist then, at that point, document the application with the Trademark Registry and acquires the affirmation. All the correspondence/interchanges in regards to the TM enrollment interaction will be addressed to the Trademark Agent.
- Individual/Sole Proprietor
- Small Enterprise
- Association of Persons Body Corporate
- Government Department
- Joint Firm
- Limited Liability Partnership
- Single Firm
Applicants can file a trademark registration application in India for anyone or a combination of the following:
- A letter, word, or number
- A phrase
- A graphic
- A logo
- A sound
- A smell
- A mix of colours.
The Process of Trademark
Many entrepreneurs do not comprehend the importance of a trademark search. Having a unique brand name in mind is not a good enough reason to avoid a trademark search. Therefore, a trademark search helps you to know if there are similar trademarks available, and it gives you a fair picture of where your trademark stands; sometimes, it also gives you a forewarning of the possibility of trademark litigation. Why waste your money in time-consuming trademark litigation later when you can choose to avoid it in the first place?
- Filing Trademark Application in India:-
After you are sure that your chosen brand name or logo is not listed in the Trademark Registy India, you can opt for registering the same. The first step is to file a trademark application form at the Trademark Office, India. The Indian trademark offices are located at Chennai, Delhi, Mumbai, Kolkatta. Nowadays, filing is mostly done online. Once the application is filed, an official receipt is immediately issued for future reference. Further, you can see the trademark status of your application instantly online.
After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 1-2 months. The examiner might accept the trademark absolutely, conditionally, or object.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report, and a month’s time would be given to fulfill the requirements or response to the objections.
Once such a response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If, in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.
The step of publication is incorporated in the trademark registration procedure so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. If, after four months from publication, there is no opposition, the trademark proceeds for registration. In case there is opposition, there is a fair hearing, and the Registrar gives a decision.
Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.
The trademark can be renewed perpetually after every ten years. Hence, your logo or brand name registration can be protected perpetually.
How to Register a Trademark
- First and foremost, applicants must choose a unique and distinctive trademark to represent their company.
- Next, they must consult legal experts to identify which class their trademark belongs to from the 45 classes of goods and services available.
- The applicants should then conduct an online search to check whether their chosen mark is similar to an existing registered mark to prevent infringement and opposition.
- Once they are sure their mark is unique, applicants can file the application for trademark registration either under one class or under multiple classes as a collective trademark.
- The Registrar will then check your application and verify all the details provided. They will then examine the mark to ensure it does not infringe on any already existing mark.
- After preliminary verification, the Registrar will publish the mark in the Indian Trade Mark Journal. In case no opposition rises within three months, your mark will be approved, and you will receive a trademark registration certificate.
- However, in case of opposition, you will have to attend a hearing and convince a bench that your mark is unique and deserves a trademark.
Documents Required for Trademark Registration for Partnership Firms
- Copy of the logo
- Signed authorization Form-48
- Udyog Aadhar registration certificate, if you need reduced registration fees
- Partnership deed
- Identity proof and address proof of the signatory
Documents required in individual & sole proprietorship
Any person (applicant)- whether an Indian National or a Foreign National can very conveniently register a trademark in India. Since there is no necessity to form a legal entity or a business entity to get a trademark registered.
Besides this, the documents needed to get a trademark registered in the name of a proprietorship are identical to that of an individual as under:
- Copy of the proposed logo, ideally in black and white (which is optional). However, in case the logo is not provided, the trademark application can be filed for the word.
- Duly signed Form- 48. This form is an authorization from the applicant to a Trademark Attorney to file the trademark registration application on his/ her behalf.
- Copy of the identity proof of the individual applicant or the proprietor which may include: passport, aadhar card, PAN card, etc.
- Copy of the address proof of the individual applicant or the proprietor which may include latest electricity bill, phone bill, etc.
Documents required in partnership / LLP / company – Small Enterprises or Start-up
To fall under the category of a small enterprise, the individual applicant is required to have to provide the Udyog Aadhar registration certificate. Also, in addition to the Udyog Aadhar registration, the following mentioned details are required.
Partnership / Company / LLP
In the event of a partnership firm or an LLP, the entrepreneur/ applicant is required to submit the following documents:
- Scanned copy of the logo (optional)
- Duly signed Form- 48
- Udyog Aadhar Registration Certificate
- Partnership Deed or the Incorporation Certificate
- Copy of identity proof of signatory/ applicant
- Copy of address proof of signatory/ applicant