A typical question is whether one needs to register as a private limited company or an MSME in order to register a trademark. With this article, you will be able to determine whether or not a business is required for trademark registration in India.
WHO CAN FILE FOR A TRADEMARK
The trademark registration application can be filed by anyone who claims to be the owner of the property. An individual, a private limited company, a public business, a limited liability partnership firm, a partnership firm, a sole proprietorship, and so on can all be trademark owners.
WHY REGISTER A TRADEMARK WITHOUT A COMPANY
In India, any individual, whether an Indian or a foreign national, can readily register a trademark. The formation of a legal body or a corporate entity is not required to register a trademark. Even if your firm is still forming, you should register your trademark for the following reasons.
- You can file a second trademark registration application with the registrar if you’re a trademark owner who desires exclusive use of the mark. This could occur even before the company is created. The owners’ firm can begin using the various marks together or individually once the business is up and functioning.
- If a brand or its components are registered as separate trademarks but under the same proprietor’s name, they can be registered as trademarks without a company.
- By applying a trademark for an individual and licensing it to a partnership, you can save money on taxes. You can utilize a trademark that you have legally registered in this form of limited liability company. You’ll be paid on a monthly basis as well.
- For natural persons, there is one further advantage to trademark protection. You still have a valuable asset in the form of a trademark even if the collaboration fails. A trademark cannot be seized by a liquidator of the assets because it is not the property of the company.
Documents Required to Register a Trademark Without a Company:
The paperwork required to register a trademark in a proprietorship’s name are the same as those required to register a trademark in an individual’s name, as follows:
- A black-and-white copy of the logo or word is preferred.
- Form-48 has been signed. Form-48 is an authorization for a Trademark Attorney to file a trademark application on the applicant’s behalf.
- Proof of the individual’s or proprietor’s identity.
- Proof of the individual’s or proprietor’s address.
HOW TO REGISTER A TRADEMARK WITHOUT A COMPANY
You must determine which CLASS you belong to. Trademarks can be registered in India under 45 different classes.
Choose a unique and non-deceptive mark.
Before you fix your mark, check to see if anyone else is using the same mark or name.
Once you’ve completed all of the steps above, you’re ready to file the application by completing the TM-A form (earlier TM-1)
After completing the application, the Registrar will review it.
- The application can be processed by the Examiner.
B.The Examiner has the authority to REJECT the application if the application is comparable to one that has already been filed. In response to the examiner’s concern, the applicant or his attorney might explain why the mark should be registered despite the objection.
The examiner may request a hearing. The application may be accepted or refused after the hearing.
The trademark will be published in the Indian Trademark Journal after it has been accepted.
- A third-party objection might be lodged throughout the 90-day due process period. The application will be accepted if there are no objections from other parties.
- If a third party object is raised during the due process period of 90 days, the applicant or his attorney must answer to the examiner anew.
The trademark application will be accepted if the examiner is pleased with the responses and evidence.
After all six processes have been completed successfully, the registrar accepts the application and issues a certificate of registration bearing the trademark registry’s seal.
Your trademark will be registered for ten years and will need to be renewed every ten years indefinitely.