Who Can Obtain a Trademark
Who Can Obtain a Trademark
Trademark registrations are widely used to protect brand or slogans or coined words that are unique to a person or entity. Trademark registration can thus be obtained by individuals or businesses or not-for-profit organisations. However, each of the different class of persons or entity have different requirements while filing a trademark application. In this article, we look at some of the requirements for filing trademark application based on the applicant type.
An Individual (Person)
An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. When filing trademark application as an individual, the full name of the applicant is required.
In case two persons come together and decide to file a trademark application, then the names of both the person must be mentioned on the trademark application.
In case of a proprietorship firm filing a trademark application, the full name of the Proprietor must be mentioned in the application. A business name or proprietorship name is not acceptable as the name of an individual. This is because a business name or proprietorship name is more in the nature of an alias for the actual person and proprietorship firms are not a separate legal entity. However, if a proprietorship name or business name is included on the application in addition to the name of an individual applicant, those details will be captured separately.
Example: “Vikas Kumar, an Indian National trading as G3 Enterprises”
In case of a partnership firm filing for trademark application, the names of all the partners are essentially required to be mentioned in an application filed by a partnership firm. Partnership firms are not considered as a separate legal entity and hence, the names of all Partners must be mentioned in the trademark application. If the partnership firm includes a minor in the partnership, the name of guardian representing the minor should also be mentioned.
Example: Vikas Kumar, Abhishek Kumar & Dipti Prakash trading as M/s. G3 Enterprises, an Indian Partnership Firm registered under Indian Partnership Act 1932.
Limited Liability Partnership
In case of a Limited Liability Partnership making a trademark application, the application for registration must be made in the LLP name. A LLP being an incorporated body has its own identity. Thus the Partner by themselves cannot be the applicant, wherein the trademark must belong to a LLP.
Example: G3 Industries LLP, a LLP registered in India under Limited Liability Partnership Act 2013.
In case of a private limited company or one person company or limited company making a trademark application, the application for registration must be made in the company name. A company being an incorporated body has its own identity other than its directors, therefore a director of the company cannot be the applicant, although the application can be signed and submitted by the Director or any Officer, authorized by the company.
Example: G3 Industries Private Limited, a company registered in India under Indian Companies Act 2013.
In case of a foreign incorporated entity making a trademark application in India, the application for registration must be made in its own corporate name, as registered under the foreign country. The nature of registration, country of incorporation and the law under which the company is registered, are to be mentioned. If the foreign company has no principal place of business in India, the applicant’s address for service in India should be mentioned in the application.
Example: G3 Media LLC, a Limited Liability Company registered in the State of Florida, United States of America under the Florida Revised Limited Liability Company Act.
Trust or Society
If a trademark application is made on behalf of a Trust or Society, the name of the Managing Trustee or Chairman or Secretary representing the Trust or Society should be mentioned.
Trust Example: G3 Trust, a Trust registered in India under Indian Trust Act 1882, and represented by Mr. Vikas Kumar, its Managing Trustee.
Society Example: G3 Society, a Society registered in India under Maharashtra Co-operative Societies Act through its secretary Mr. Vikas Kumar.
To obtain a trademark registration, visit IndiaFilings.com