In recent years, Trademark registration has increased in popularity, as businesses take it to secure and protect their brand identification from infringement. Even proprietorships and smaller companies, and firms applying for trademark registration nowadays, as it benefits them in targeting their marketing efforts. However, there are many things that a owner needs to consider before opting for trademark registration
Trademark Registration for a Partnership Firm requires distinct stages of application, review and, in some cases, opposition. Here’s a look at everything you need to understand about Trademark Registration for Partnership Firms in India.
A Trademark is a word, image or symbol that a business uses to present itself different from its competitors. Over time, such logos and symbols become part of the business’s brand identity, becoming highly valuable to the company. Everything from a company name to a logo or color palette used by a company can be considered a Trademark.
The Registration of Trademark is a legal process by which companies assure that such symbols and names remain unique to them. The process of Trademark helps prevent other companies from copying their name, logo or symbol and leading customers to believe that they are the same brand. In today’s highly competitive business world, Trademark registration helps firms and companies to practice their brand identity and visibility.
- Enables businesses to easily differentiate themselves from their competitors
- Trademark Registration helps in making the mark an asset for the company
- Also, provides legal protection against misuse and duplication under Indian law
- Grants exclusive nationwide ownership of the mark to the owner
- Helps you stand apart from your competitors, making it easier for you to market your products and build a brand
- Increase your business value and credibility in the Indian market
- It is very helpful if you want to expand your business within India or to foreign shores.
Trademarks are a type of intellectual property and are protected from infringement through the Trademarks Act, 1999. Therefore, any legal entity or individual is entitled to file a trademark registration application. You do not need to be a company owner or a business entity to file a trademark registration application in India, Also, the person or legal entity can be of Indian origin or foreign. Trademark applications can also be filed by Individuals and business entities for trademarks they are planning to use in the future. As per Indian law, the entities that can file a trademark registration online application:
- Joint owner of a company
- sole proprietorship
- partnership firms
- Limited liability partnership
- Private Limited Company or Public Limited Companies
- Society or Trust
- Individual or private person
Applicant can file a trademark Registration application in India for any of the Following:
- A letter, word, or number
- A graphic
- A logo
- A voice
- A smell
- Mix of colors
- Trademark Registration for Partnership Firm will be valid for ten years from the date of application in India. The owner of the mark shall apply for renewal before the end of this period in order to continue exclusively in respect of the mark.
- Applicants can start placing the ™ symbol in front of their name, brand symbol or logo after applying for a trademark online with the government. The ™ symbol is a signal to competitors that your business has filed a trademark application and is awaiting approval.
- Once a business has achieved a certificate of Trademark Registration, it can begin using the Ⓡ symbol next to its mark. The Ⓡ symbol signifies that your name, logo or brand has been registered under the intellectual property laws of India, giving you exclusively over it.
- It may take six to twelve months to achieve the registration certification, once you file the Trademark Registration for Partnership Firm. The time taken depends on whether the application has been objected to or opposed by a third party.
- The Trademark Registration for Partnership Firm charged between ₹4,500 and ₹9,000. For individuals, sole proprietorships, and small startups and enterprises, the trademark registration fee is ₹4,500. However, for most other enterprises including partnership firms, the trademark registration fee is around ₹9,000.
- First, applicants must take an exclusive and distinctive trademark to represent their company.
- Next, they must consult legal experts to identify which class their trademark belongs to out of 45 classes of goods and services available.
- To prevent infringement and opposition applicants should conduct an online search to check whether their chosen mark is similar to an existing registered mark.
- Once they are convinced that their mark is unique, Applicants can file an application for trademark registration either under a single class or as a collective trademark under multiple classes.
- Thereafter the Registrar will check your application and verify all the details given. They will then examine the mark to assure that it does not infringe on any pre-existing marks.
- After preliminary verification, the Registrar will publish the mark in the Indian Trade Marks journal. If no protest arises within three months, your mark will be approved, and you will receive a Certificate of Trademark Registration.
- However, in case of opposition, there is a need to visit and attend the hearing and satisfy the bench that your mark is different from others and eligible for a trademark
Also Read-How to Apply For Foscos FSSAI Registration
- Logo Copy
- Signed authorisation Form- 48
- Udyog Aadhar Registration Certificate, if you Need less registration fee
- Partnership deed
- Identity proof and address proof the signatory
The Registration process of Trademark Registration For Partnership Firm can be long and difficult. Hence, it is advised to take the help of experienced and professional lawyers in filing the trademark application. In addition, legaltax offers a number of Intellectual Property Rights-related services, including trademark applications. Here’s How Legaltax Can Help You With Trademark Registration For Partnership Firm
- Contact us at Legaltax and get our Trademark Registration Service
- After understanding your needs and requirements, our lawyers will advise you under which category to file the application
- Our team will also run an online search for you to assure that your mark does not infringe on any already existing trademarks
- Then we will collect the required documents and fees from you, and file your trademark registration application for you.
- Legaltax consultant’s team will keep you updated every step of the way to assure that you collect your Registration Certificate at the earliest. Additionally, we will also assist you in case any conflicts arise during the application.