Trademark registration has become very popular recently among the business community to protect their brand from infringement. Even the smaller proprietorship, companies, and firms select for trademark registration, which helps them concentrate on their marketing efforts.
Nonetheless, there are few things to ponder upon before opting for trademark registration. The trademark registration for a partnership firm needs various application stages, reviewing and, in several cases, opposing the same. All such acts are possible when you have a legitimate partnership firm registration online that can cover the legal aspects of your business as the same is voluntary and not mandatory to operate a partnership business.
A trademark is an image, word, or symbol that a business employs to distinguish itself from other rivals in the market. With time, such symbols and logos become part of the company’s brand identity, becoming an inextricable part of the company. Everything used by the company, from its name, logo or colour palette, will be considered a trademark. It is a legal process by which companies can make sure that such symbols and names stay exclusive to them. It would restrict others from using their name, logo, or symbol and making customers believe that they are still the same brand. In this highly competitive business world, trademark registration helps companies and firms maintain their brand identity and visibility.
Significance of trademark registration for partnership firms
– Allows businesses to differentiate themselves from their rivals easily.
– Registered trademark of the company can be an asset of the company.
– Also, it offers a legal safeguard against unauthorized use and copying under Indian law.
– Allocates the owner’s exclusive pan-Indian ownership of the mark.
– Assists you to stand apart from your competition, making it easy for you to market your products and make a brand.
– It can enhance the value of business and goodwill within the Indian market.
– It could be helpful if you want to expand your business either within India or outside of it.
Who can submit a trademark registration application?
Also Read: track employee productivity
Trademarks are a type of IP and receive safeguard from contravention via the trademark act, 1999. Thus, ant legal entity or individual will have the right to submit a trademark registration application. That’s why you do not require to possess a company or be a business entity to submit a trademark registration application in India. Also, legal entities or individuals might be of Indian origin or foreigners. Business entities or individuals can also submit applications for it if they plan to use it in the future. According to Indian law, the following entities can submit the said application;
– Company’s joint owners.
– Sole proprietorships.
– Partnership firms.
– Public or private limited companies.
– Trusts or societies.
– Private person or individuals.
Applicants can submit a said application in India for anyone or a combination of the following;
– A word, letter, or number.
– A phrase.
– A logo.
– A graphic.
– A smell.
– A sound.
– A combination of colours.
Things to keep in mind for trademark registration of proprietorship
– The trademark registration for proprietorship and firms would stay valid for a decade since the date of application in India. After the expiry date, the owner is obliged to apply for renewal to enjoy the exclusivity further.
Customer experience nowadays drives all in trade and consumers are used to shipping quicker, more affordable, and more comfortable solutions. To remain competitive, you can have to consider alternative options such as store delivery, curb-off pickup, or same-day shipment.
– Applicants are allowed to place the ™ symbol beside their name, logo or brand symbol after submitting a trademark application with the government. The ™ symbol is an indication to rivals that your business has already submitted a trademark application and is awaiting approval.
– Once you receive the trademark certificate, you can initiate to use the ® symbol beside its mark. The ® symbol indicates that your logo, name or brand has been registered under India’s IP laws, allocating you exclusivity over it.
– The whole process will take up to six or twelve months before you receive the trademark certificate. Time taken for application will rely on its objection or opposition by third-party.
– Registration fees vary from Rs. 4500 to 9500 for partnership firms. For individuals, small start-ups and sole proprietorships and enterprises, fees will be Rs. 4500. Nonetheless, for many enterprises, including partnership firms, the trademark registration fee is Rs. 9500. Small enterprises that have registered under the Udyog Aadhar scheme and have a certificate issued by them.
How can one register the trademark?
– Applicants should opt for sui generis and distinctive trademarks to represent their company.
– One should consult with legal experts to pick appropriate class for trademark registration from 45 classes of goods and services available.
– Applicant should conduct an online search to see whether the chosen mark is identical to the existing registered mark or not to prevent opposition and contravention.
– After the search is done, the applicant should apply to one class or multiple classes as a collective trademark.
– Trademark registrar would verify the application with details. They would also examine the mark to make sure that it is not violating the existing mark.
– After verification, the registrar would publish it in an Indian trademark journal. If no opposition rises in 3 months, then your mark will get approval with a trademark certificate.
– Nonetheless, if opposition arises, you are obliged to attend the hearing and convince the bench that your mark is unique and deserves a trademark.
Required documents for trademark registration of partnership firms and proprietorship.
For sole proprietorship and individuals
– Authorisation form-48.
– Logo’s copy in black and white, optional.
– Applicant’s ID proof and address.
For partnership firms
– Logo’s copy.
– Signed authorization form-48.
– Partnership deed.
– ID proof and address of signatory.
– Udyog Aadhar registration certificate if you require a reduction in fees.