Trademark Registration
A trademark is a mark granted to a product or service of the manufacturer or an entrepreneur to make the product or the service name unique and differentiable from other products or services names, which are sold in the market. Trademarks are useful in protecting your business entities, goods, and services. It is important to know its procedure in detail to get brand protection.
Who is eligible for Trademark registration?
Trademark registration in India can be filed by any individuals, joint owners, partnership firms, LLP, an Indian company, a foreign company, trust, or society. Documents submission depends on the category you fall within and accordingly Act 13 Advisory experts will help you.
What are the different types of trademarks in India?
- Product Mark: As the name suggests this mark is used for a product or a good rather than a service. It helps in product recognition and maintains the goodwill of the business. Under trademark class 1-34, goods are classified.
- Service Mark: This is similar to product mark but this is used for the services and not for the goods. It helps in differentiating the business services of the various business owners.
- Collective Mark: This mark represents a group of individuals who collectively use their mark for protecting the goods and the services. For eg. any association, public institution, or section 8 company.
- Certification Mark: This is a sign which denotes the origin of the product, material, quality, or other specific details issued to the proprietor. These are seen on toys, electronic products, packed food, etc and represent the certification.
- Shape Mark: This mark is used for the protection of the shape of the product so that customers can easily recognize specific products.
- Pattern Mark: This type of mark is for the specifically designed pattern which distinguishes one product from another.
- Sound Mark: This mark is used for the protection of sound logos which is also known as audio mnemonics, for eg. the tune of IPL, Apple iPhone, and more.
Who Can Opt for Trademark Registration
Any Individual Person
An individual person who is not currently in business can also file a trademark application and receive trademark registration for the brand name/device) that the applicant intends to use in the future.
Shared Ownership
A Firm’s joint proprietors can apply for a trademark together, and both of their names may be listed in the application.
Partnership Firm
When registering a trademark, a partnership business with a maximum of 10 members must include all partners' names in the application. In addition, if a minor partner is present, the name of the minor's guardian must be stated.
Society or Trust
When filing a trademark application on behalf of a trust or society, the managing trustee, chairman, or secretary of the trust or society must be mentioned.
LLP (Limited Liability Partnership)
The application for the Limited Liability Partnership should be in the name of the LLP. It is a legal entity in which each participant has their own identity. Because the trademark belongs to the LLP, the partners cannot be applicants. The application must contain all the partners' names.
Indian Corporation
Any Indian firm, whether private limited, public limited, or any other type, must file a trademark application in its name. Because every incorporated organization has its own legal body and identity, the director of a company cannot be a trademark applicant.
Foreign Corporation
If a foreign-incorporated firm files for a trademark in India, it must do so under the corporate name as it is registered in the foreign nation. The registration type, the government, and the law should all be indicated here. It must mention the Indian address from which they are running their business in INDIA.