Partnership firms can get a trademark registered for their business to stand out in the market. The registration process is straightforward and is explained below.
Trademark registration has grown in popularity in recent years, as businesses try to protect their brand identity from infringement. Even smaller companies, proprietorships, and firms nowadays opt for trademark registration, as it helps them focus on their marketing efforts. However, there are several things owners need to consider before opting for trademark registration.
The trademark registration for a partnership firm requires several stages of application, reviewing, and, in some cases, opposition. Here’s a look at everything you need to know about trademark registration for partnership firms in India.
What Is a Trademark Registration?
A trademark is essentially a word, image, or symbol that a business uses to differentiate itself from its competitors. Over time, such logos and symbols become part of the business’s brand identity, becoming extremely valuable to the company. Everything from the company name, to the logo or colour palette used by the company, may be considered a trademark.
Trademark registration is the legal process by which companies ensure that such symbols and names remain exclusive to them. This process helps prevent other companies from using their name, logo, or symbol and tricking customers into believing they are the same brand. In today’s highly competitive business world, trademark registration helps firms and companies maintain their brand identity and visibility.
Importance of Trademark Registration for Partnership Firms
- Enables businesses to distinguish themselves from their competition easily
- Trademark registration helps make the mark an asset to the company
- Further, provides legal protection against misuse and copying under Indian law
- Grants the owner’s exclusive nationwide ownership of the mark
- Helps you stand apart from your competition, making it easy for you to market your products and create a brand
- Enhance your business’s value and goodwill within the Indian market
- Very helpful if you wish to expand your business either within India or to foreign shores.
Who Can File a Trademark Application?
Trademarks are a type of intellectual property and receive protection from infringement through the Trademark Act, 1999. Hence, any legal entity or individual has the right to file a trademark registration application. You do not need to own a company or be a business entity to file a trademark registration application in India. Also, the individual or legal entity may be of Indian origin or foreign. Individuals and business entities can also file applications for trademarks they plan on using in the future. As per Indian law, the following entities can file a trademark registration application:
- 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:
- A letter, word, or number
- A phrase
- A graphic
- A logo
- A sound
- A smell
- A mix of colours
Things to Know About Trademark Registration for Partnership Firms
- The trademark registration for firms will remain valid for ten years since the date of application in India. The owner of the mark must apply for renewal before the end of this period to enjoy continued exclusivity with regard to the mark.
- Applicants can start to place the ™ symbol beside their name, brand symbol, or logo after they file a trademark application with the government. The ™ symbol is an indication to competitors that your business has filed a trademark application and is awaiting approval.
- Once a business receives a trademark registration certificate, it can start to use the Ⓡ symbol beside its mark. The Ⓡ symbol indicates that your name, logo, or brand has been registered under India’s Intellectual Property laws, granting you exclusivity over it.
- Once you file a trademark registration for a partnership firm, it might take anywhere between six to twelve months to receive the registration certification. The time taken depends on whether the application is objected to or opposed by third parties.
- The trademark registration fee for partnership firms varies between ₹4,500 and ₹9,000. For individuals, sole proprietorships, and small startups and enterprises, the trademark registration fees are ₹4,500. However, for most other enterprises, including partnership firms, the trademark registration fee is around ₹9,000.
How to Register a Trademark
- First and foremost, applicants must choose a unique and distinctive trademark to represent their company.
- Next, they must consult legal experts to identify which class their trademark belongs to from the 45 classes of goods and services available.
- The applicants should then conduct an online search to check whether their chosen mark is similar to an existing registered mark to prevent infringement and opposition.
- Once they are sure their mark is unique, applicants can file the application for trademark registration either under one class or under multiple classes as a collective trademark.
- The Registrar will then check your application and verify all the details provided. They will then examine the mark to ensure it does not infringe on any already existing mark.
- After preliminary verification, the Registrar will publish the mark in the Indian Trade Mark Journal. In case no opposition rises within three months, your mark will be approved, and you will receive a trademark registration certificate.
- However, in case of opposition, you will have to attend a hearing and convince a bench that your mark is unique and deserves a trademark.
Documents Required for Trademark Registration for Partnership Firms
- Copy of the logo
- Signed authorisation Form-48
- Udyog Aadhar registration certificate, if you need reduced registration fees
- Partnership deed
- Identity proof and address proof of the signatory
How Vakilsearch Can Help
As you can see, the process of trademark registration for partnership firms can be a long and tricky one. Therefore, it is advisable to take the help of experienced lawyers in filing a trademark application. Moreover, Vakilsearch offers several intellectual property rights-related services, including trademark applications. Here’s a look at how Vakilsearch can help you with the trademark registration for a partnership firm
- Reach out to us at Vakilsearch and get our trademark registration service
- After understanding your needs and requirements, our lawyers will advise you on what class to file the application under
- Our team will also run an online search for you to ensure that your mark does not infringe on any already existing trademark
- We will then collect the required documents and fees from you, and file your trademark registration application for you
- Our team will keep you updated every step of the way, to ensure that you receive your registration certificate at the earliest. Additionally, we will also help you in case any opposition arises during the course of the application.