It takes a lot of effort, capital, and time to build a brand. Consequently, you need to make sure your brand’s logo, tagline, packaging, sound, fragrance, colour combination, and any other features that give it its unique identity are protected. In the market, trademarks are intellectual property that differentiates your product from other products.
You can register a trademark in India under the Trademark Act,1999. This gives the registered owner exclusive ownership rights over the trademark and prevents other parties from using it.
It is essential to register a trademark in India to protect the brand name and use the “TM” symbol. Trademark registration in India protects the brand name. As the process entails several steps and requires constant government follow-up, it is usually best to seek trademark registration with the assistance of a professional.
Registration of trademarks: eligibility
In India, trademark registration is widely used to protect unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organizations can all apply for trademark registration. However, each class of person or entity is required to meet certain requirements for registering a trademark. In India, the following entities are eligible to apply for online trademark registration
Applicants who do not conduct business can also apply for trademark registration for trademarks for symbols or words they intend to use in the future.
The joint owners of a company may jointly apply for a trademark, and both names must appear on the application.
Founders of a proprietorship
In a proprietorship application, the proprietor’s name will be considered, not the business name and proprietorship name. If you include both names in the application, they will be considered separately.
Firms that specialize in partnerships
When registering a trademark for a partnership company, all the names of the partners must be included. If there is a minor member, the guardianship of that minor must be included.
Partnerships and Limited Liabilities
In the case of a Limited Liability Partnership, the application should be filed in the name of the firm. Since the Limited Liability Partnership is an incorporated company, the partners cannot be the applicant.
Company of the Indians
No matter what form a company takes, such as a private limited or limited company, any incorporated entity must file a trademark application in that entity’s name. A director cannot file a trademark application as an individual.
An international company
Foreign corporations seeking registration of trademarks in India must use their corporate name as it appears in their foreign country registrations, along with the nature, country, and law of the registration.
A society or a trust
An application for trademark filing must be signed by the managing trustee, chairman, or secretary representing the trust or society.
- How To Register Trademark In India Online
- Guide To Trademark Registration In Karnataka
- Things to know about Trademark Objection