Trademark Registration Importance

Register your Trademark Online

It takes a lot of time, money, and effort to develop a brand. As a result, you must ensure that you have the authorization to use your brand's name, tagline, logo, packaging, sound, smell, color scheme, and anything else that gives it a unique identity. A trademark is a form of intellectual property that sets your goods or services apart from those of your rivals in the market.

The Trademark Act of 1999 in India gives you the option to register a trademark. It gives the owner of the registered mark exclusive ownership rights and forbids others from using the mark.

The "TM" symbol may be used with the applicant and the brand once a trademark has been registered. Trademark registration in India is crucial for brand protection. Given that trademark registration requires a number of stages and ongoing government oversight, it is usually advisable to do so under the guidance of a professional.

Eligibility for Trademark Registration

To safeguard distinctive trademarks, catchphrases, or coined concepts, trademark registrations are frequently employed. In India, trademark registration applications can be filed by individuals, businesses, and nonprofit organizations. However, there are specific standards for each category of person or company when it comes to submitting a trademark application. The following items are eligible for trademark registration in India.

An individual (Person)
A person who does not operate a business may also submit a trademark application and acquire registration for a symbol or word that the applicant intends to use in the future.
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 names of the business or proprietorship. Both the proprietorship name and the business name that you give in your application will be taken into consideration independently.
Partnership Firm
A partnership business with a maximum of 10 members must list all of the names of the partners in the application when filing for a trademark. If a minor partner is present, the guardian who is speaking on his 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. Since the trademark belongs to the LLP, 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. Since 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 so under the name under which it is registered abroad. Here, it's important to indicate the registration's kind, the nation it came from, and the law.
Trust or Society
The controlling trustee, chairman, or secretary of a trust or society must be identified when a trademark application is submitted on their behalf.


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