Who can apply for trademark in India
What is Trademark?
A trademark
offers the goods and services connected to the same business a brand name or
gives the company or business a distinctive identity that no other company or
firm can use or replicate. Success in the business world and strong brand
acceptance go hand in hand. In this case, protecting the brand with the use of
"Trademarks" becomes a crucial and essential step to guarantee brand
security difficulties.
What is importance of Trademark registration?
If you wish
to differentiate your company, brand, products, or services from the
competition, you must register your trademark. In other words, the trademark
belongs to its owner, who has the power to prevent others from using it in the
classes for which it is registered. The trademark makes your company's established
quality of goods and services known to the public, which fosters consumer
confidence and goodwill in the marketplace. The sole person with the authority
to defend a trademark is its owner. Every ambitious business owner should be
aware of the many benefits that come with Trademark Registration. The registered trademark ensures that the company has a
distinct identity in the sense that customers can trust the products and
services the company offers. As a result, LegalRaasta is here to assist you in registering your
trademark in India so that you won't need to alter your brand.
Here is a list of those who can apply for trademark registration:
An Individual or Person
Anyone who
wants to register their distinctive phrases or symbols may do so by submitting
a trademark application in their own name. Also A person who is not currently
engaged in business is also qualified to submit a trademark application and get
registration for a phrase or symbol that they intend to use in the future.
When submitting a trademark
application as an individual, the full name of the applicant must be given.
Joint Owners
When two
people decide to file a trademark application jointly, both people's names must
be listed on the trademark application. Joint owners of a business may apply
for a trademark jointly, and the application must include both owners' names.
Proprietorship Firm
If a sole
proprietorship company files a trademark application, the application must
include the Proprietor's complete name. An individual's name cannot be their
company name or proprietorship name. This is due to the fact that a business
name or proprietorship name is more of an alias for the actual person and that
proprietorship firms are not separate legal entities. A sole proprietorship
firm is one of the simplest business structures in terms of cost, level of
maintenance, and setup because it is not a separate legal entity and the owner
is solely responsible for the debts of the business.
Partnership Firm
A
partnership firm, governed by the Indian Partnership Act, is created when two
or more people run a business as partners with the intention of making earnings
that are shared equally or in accordance with their agreements. Partnership
firms are not regarded as independent legal entities when filing for
trademarks; as a result, the names of all Partners, up to a maximum of 10, must
be listed in the trademark application. The name of the guardian who will be
representing the minor should also be mentioned if the partnership firm has a
minor in the partnership.
Limited Liability Partnership
Due to their
incorporation as distinct legal organizations with their own identities, LLP
companies are eligible to apply for Trademark Registration in India under their own LLP names. However, the partners themselves
are ineligible to apply. As a result, the applicant cannot be the Partner
alone; an LLP must own the trademark.
Indian Company
If a private
limited company, one-person business, or limited corporation applies to
register a trademark, the application must be filed under the firm's name. A
director of the company cannot be the applicant since a corporation has its own
identity independent of its directors, yet the application may be signed and
submitted by any officer designated by the corporation because it is an
incorporated organization.
Foreign Company
When a
foreign corporation applies for a trademark
registration in India, it must do so under its own corporate name as it is
registered in the foreign nation. It is necessary to identify the type of
registration, the nation in which the company was founded, and the legal
framework for registration. The applicant's address for service in India should
be specified in the application if the foreign company does not have its major
place of business there.
Trust or Society
The name of
the Managing Trustee, Chairman, or Secretary who is representing a Trust or
Society should be provided if a trademark application is lodged on their
behalf. Trust or Society refers to businesses established for social good rather
than financial gain. A legal arrangement that is based on a beneficiary holding
the property and appointing trustees to manage the assets and activities is
known as a trust. If more people come together for a specific goal, it may be recognized
as a society.
Conclusion
To sum up, a
trademark lends a brand identity to the goods and services connected to the
same business and provides the company or business with a distinctive
identification that no other company or firm can use or replicate. Although the
application and trademark registration
processes in India seem straightforward, they are not. It entails numerous
issues, and when someone seeking for a trademark does not anticipate these
issues, it can be incredibly difficult. Therefore, in this article, anyone can
register a trademark, but only if they meet specific standards. Therefore, it
is advised that you choose a lawyer that has experience in all of these areas
and can give you legal advice regarding the relevant laws. Therefore, hiring a
lawyer from LegalRaasta would be a sensible choice as they will look out for
all the necessary and difficult processes and help you avoid any confusion
about who is eligible to register a trademark or who can do so.
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