Who is eligible for Trademark?
Trademark registration in India is a complex process and requires a thorough understanding of the various regulations and requirements of the Trademark Registry. It is important to know who is eligible for trademark registration in order to ensure that the process is completed successfully and within the required timeframe. This article will provide an overview of the eligibility requirements for trademark registration in India, outline the basic terms that each entity must follow to register and the process of registration.
Eligibility for Trademark Registration
Trademark registrations protect distinctive trademarks, phrases, or original concepts. Individuals, companies, and charitable organisations can all apply to register trademarks in India. Yet, particular requirements exist for each type of individual or business when submitting a trademark application. The following entities can register as trademarks in India.
An individual (Person) may submit a trademark application and gain trademark registration for a symbol or word they intend to use without engaging in any commercial activity.
Joint owners of a business may jointly apply for a trademark, and the application must include both owners’ names.
A proprietorship firm may submit a trademark application in the name of its owner but not in the name of the business or proprietorship. Both the proprietorship name and the business name you give in your application will be considered independently.
A partnership business with a maximum of 10 members must list all partners’ names in the application when filing for a trademark. If a minor partner is present, the guardian speaking on their 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. The trademark belongs to the LLP, so the partners cannot be the applicant.
Any Indian business, whether private limited, limited or in another form, is required to submit a trademark application in the business’s name. As every incorporated business has its own identity, it should be noted that a company’s director cannot also be a trademark applicant.
If a foreign-incorporated company files for a trademark in India, it must be done so under the name registered abroad. Here, it’s crucial to indicate the registration’s kind, the nation it came from, and the law.
Trust or Society
The controlling trustee, chairperson, or secretary of a trust or society must be identified when a trademark application is submitted on their behalf.
Process of Registering a Trademark
- Conducting a trademark search is a critical step before applying for registration. It is essential to search the trademark registry to ensure that no existing marks are similar to the proposed trademark. This helps to avoid any potential confusion and infringement issues.
- Once the search is conducted, the next step is to fill the application form and file for registration. This involves submitting an application to the trademark registry, along with all the required documents and fees.
- The application is then examined by an examiner for any errors or omissions. This is to ensure that the application meets all the legal requirements for registration.
- Once the application is accepted and cleared of any objection, the mark is published by the registry in the Trademark Journal. This allows anyone who is opposed to the proposed trademark to come forward and present their case.
- After the period for objections has passed, the application is approved and a registration certificate with the seal of the Trademark Office is issued. This certificate is valid for 10 years and must be renewed every 10 years in order to keep the trademark active.