Trademark registration in India is a complex process and requires a thorough understanding of the various regulations and requirements of the Trademark Registry. It is important to know who is eligible for trademark registration in order to ensure that the process is completed successfully and within the timeframe.
This article will provide an overview of the eligibility requirements for trademark registration in India, outline the basic terms that each entity must follow to register and the process of registration.
Who files the Trademark Application?
The applicant has to authorize a Trademark Agent through a Power of Attorney for filing the Trademark Application with the Trademark Registry. The Trademark agent then files the application with the Trademark Registry and obtains the acknowledgment. All the correspondence / communications regarding the Trademark registration process will be addressed to the Trademark Agent.From the applicability of filing fee, the applicants are categorized as follows:
Individual/Sole Proprietor
StartUp
Small Enterprise
Others
Association of Persons
Body Corporate
Government Department
Hindu Undivided Family
Joint Applicants (Two or more Individuals together)
Joint Firm
Limited Liability Partnership
Partnership
Single Firm
Society
Statutory body
Trust
Others – like Foreign Nationals / Foreign Companies
Eligibility for Trademark Registration
Trademark registrations protect distinctive trademarks, phrases, or original concepts. Individuals, companies, and charitable organizations can all apply to register trademarks in India. Yet, particular requirements exist for each type of individual or business when submitting a trademark application. The following entities can register as trademarks in India.
An individual
An individual (Person) may submit a trademark application and gain trademark registration for a symbol or word they intend to use without engaging in any commercial activity.
Joint Owners
Joint owners of a business may jointly apply for a trademark, and the application must include both owners’ names.
Proprietorship Firm
A proprietorship firm may submit a trademark application in the name of its owner but not in the name of the business or proprietorship. Both the proprietorship name and the business name you give in your application will be considered independently.
A partnership business with a maximum of 10 members must list all partners’ names in the application when filing for a trademark. If a minor partner is present, the guardian speaking on their behalf must be identified.
Limited Liability Partnership/LLP
The application should be made in the name of the Limited Liability Partnership in this situation. The partners in this corporation each have their own unique identity. The trademark belongs to the LLP, so the partners cannot be the applicant.
Indian Company
Any Indian business, whether private limited, limited or in another form, is required to submit a trademark application in the business’s name. As every incorporated business has its own identity, it should be noted that a company’s director cannot also be a Trademark Applicant.
Foreign Company
If a foreign-incorporated company files for a trademark in India, it must be done under the name registered abroad. Here, it’s crucial to indicate the registration’s kind, the nation it came from, and the law, and trust or societies.
The controlling trustee, chairperson, or secretary of a trust or society must be identified when a trademark application is submitted on their behalf.]
Remember, protecting your brand is essential for the success of your business. By following the eligibility requirements for trademark registration in India, you can safeguard your intellectual property and stand out in the marketplace.
Are you also looking to get your trademark registered or stuck in any trademark procedure? We are here to help you anytime! We will not only help you register your trademark but also protect your mark at all the stages of registration. For any further clarifications and suggestions, kindly connect on 9988424211 or mail at info@ccoffice.in.
FREQUENTLY ASKED QUESTIONS
Q1 Can a foreign company register a trademark in India?
Yes, a foreign-incorporated company can register a trademark in India under the name registered abroad. However, it is essential to provide details about the registration's type, originating country, and applicable laws. Additionally, foreign companies must specify the controlling trustee, chairperson, or secretary of a trust or society when filing a trademark application in India.
Q2 Can a partnership firm with more than 10 partners register a trademark in India?
Yes, a partnership firm with more than 10 partners can register a trademark in India. However, when filing for a trademark, all partners' names must be listed in the application. If a minor partner is involved, the guardian representing them must also be identified.
Q3 Can an individual apply for a trademark in India without engaging in commercial activity?
Yes, an individual can apply for a trademark in India without engaging in commercial activity. The trademark application can be submitted for a symbol or word intended for personal use.
Q4 Can the director of an Indian company also be the trademark applicant?
No, the director of an Indian company cannot be the trademark applicant. Trademark applications for Indian companies must be submitted in the name of the business entity itself, as every incorporated business has its own distinct identity separate from its directors.
Q5 Can joint owners jointly apply for a trademark in India?
Yes, joint owners of a business can jointly apply for a trademark in India. The trademark application must include the names of all joint owners, and the application process allows for collaboration between multiple owners