Registration of trademarks by partnership firms

Registration of trademarks by partnership firms

Recent years have seen a dramatic increase in trademark registrations as businesses attempt to protect their brand identities. Nowadays, even small companies, proprietorships, and firms register their trademarks, since this will enable them to concentrate on their marketing efforts. Before registering a trademark, however, owners need to consider several factors. 

Partner firms have to undergo several stages of application, review, and, sometimes, opposition, before their trademark can be registered. Check out our guide to trademark registration for partnership firms in India.

What Is a Trademark Registration?

In essence, a trademark is a word, image, or symbol that differentiates a business from its competitors. With time, logos and symbols become part of the business’s brand identity, making them extremely valuable. From the name of the company to the logo and color scheme used by the business, everything can be considered a trademark. 

Companies get trademarks registered to protect their symbols and names. In this way, companies can’t trick customers into thinking they’re the same brand by using their logo, name, or symbol. Trademark registration helps companies and firms stay visible and distinctive in today’s highly competitive business world.

Importance of Trademark Registration for Partnership Firms

  • Businesses are able to distinguish themselves from their competitors through trademark registration
  • As trademark registration makes a brand an asset to the company
  • In addition to providing legal protection against misuse and copying in India
  • and ensures the owner’s exclusive ownership of the trademark nationwide 
  • Ensures you stand out in the market, making it easier for you to create a brand and market your products 
  • Improves the value and reputation of your business in India
  • The information is very helpful if you are looking to expand your business in India or overseas.

    Which Person can File a Trademark Application?

Trademarks are a type of intellectual property and are protected from infringement by the Trademark Act, of 1999. In other words, a trademark registration application can be filed by any legal entity or individual. A trademark registration application in India does not require a company or business entity to be filed. In addition, the applicant may be from India or from outside the country. Business entities or individuals may also file trademark applications if they intend to use those marks in the future. A trademark registration application can be filed by the following entities under Indian law:

  • Joint owners of a company 
  • Sole proprietorships 
  • Partnership firms
  • Limited liability partnerships
  • Private or public limited companies
  • Societies or trusts
  • Individuals or private persons

Applicants can file a trademark registration application in India for anyone or a combination of the following:

  1. A letter, word, or number
  2. A phrase
  3. A graphic
  4. A logo
  5. A sound
  6. A smell 
  7. A mix of colors

    Partnership Firms: Things to Know About Trademark Registration
  1. In India, trademark registration for firms will remain valid for ten years from the date of application. To enjoy continued exclusivity, the mark owner must apply for renewal before the end of this period.
  2. After filing a trademark application with the government, applicants can start placing the ™ symbol next to their name, brand symbol, or logo. To competitors, the ™ symbol indicates that your business has filed a trademark application and is awaiting approval. 
  3. A business can use the Ⓡ symbol beside its mark as soon as it receives a trademark registration certificate. In India, the Ⓡ symbol means that your name, logo, or brand is protected under Indian intellectual property laws, which grant you exclusive rights to it.
  4. You might receive the trademark registration certification between six and twelve months after filing a trademark registration for a partnership firm. Third parties may object to or oppose the application, which will delay the process.
  5. In partnership firms, trademark registration fees range from ₹4,500 to ₹9,000. The trademark registration fee for individuals, sole proprietors, and small businesses is ₹4,500. However, trademark registration fees for most other firms, including partnership firms, are around ₹9,000. 

How to Register a Trademark

  1. A trademark must be unique and distinctive in order to represent a company. 
  2. A legal expert must identify which of the 45 classes of goods and services a trademark belongs to.
  3. A thorough online search should be conducted by the applicants to check whether their chosen mark is similar to an existing registered mark to avoid infringement and opposition.
  4. The applicant can register their marks under one class or for multiple classes if they are confident their mark is unique.
  5. Your application will then be reviewed by the Registrar, who will verify all the details you provided. To ensure it doesn’t infringe on existing marks, they will examine the mark.
  6. After preliminary approval, the Registrar will publish the mark in the Indian Trade Mark Journal. Within three months, if no opposition arises, your trademark will be approved, and you’ll get a trademark registration certificate.
  7. If someone opposes, you’ll have to go to a hearing and convince a judge your mark is unique and deserves a trademark. 

Documents Required for Trademark Registration for Partnership Firms

  1. Copy of the logo
  2. Signed authorisation Form-48
  3. Udyog Aadhar registration certificate, if you need reduced registration fees
  4. Partnership deed
  5. Identity proof and address proof of the signatory

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