Trademark Registration

What is Trademark registration in India?

Trademark registration in India allows the applicant to use symbols or words to represent a business or the products that are offered by a business to distinguish the goods or services that are offered by them from the competitors. After the trademark is registered in India no other organization cannot use it as long as it remains in use.

The “™” symbol can be used with the trademark applicant with the brand once it is registered. Trademark registration is an asset for the company to protect the brand name it is necessary to apply for trademark registration in India. It is always better to obtain the trademark registration under the guidance of an expert as the process has various steps to be followed and also requires regular follow-up from the government.

SDM Tax Solutions has helped thousands of applicants across India to get their trademark registered.

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Eligibility for Trademark registration

Who is eligible to obtain trademark registration in India?

Trademark registrations are widely used to protect the brand or slogans or coined words that are unique. Trademark registrations in India can be obtained by individuals or businesses or by non-profit organizations. However, each of the different class of persons or entity that have different requirement while filing the trademark application. The following are eligible for obtaining trademark registration in India.

1.An individual (Person)

An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.

2.Joint owners

In case two people are deciding to file a trademark application then the names of both the people must be mentioned on the application.

3.Proprietorship Firms

While filing a trademark application in India for a proprietorship firm then the full name of the applicant must be mentioned. The business name or the proprietorship is not acceptable.

4.Partnership firm

When filing a trademark application for the partnership firm the names of all the partners are should be mentioned in the application. If in case the partnership firm includes a minor in the partnership the name of the guardian who is representing the minor should be mentioned.

5.Limited Liability

Partnership In the case of the Limited Liability Partnership, the application should be in the name of the LLP. An LLP is an incorporated body where the partners have their own identity. The partners cannot be the applicant as the trademark belongs to the LLP.

6.Indian Company

When it comes to a Private Limited Company and the One person Company or a Public Limited Company making a trademark registration application then the application is to be made in the name of the company. As they are all independent incorporated entities they are applied cannot be made by the Director. Though it can be signed and submitted by the Director or any officer that is authorized by the officer.

7.Foreign Company

In case is a foreign incorporated entity is making a trademark application in India the application is to be made in the corporate name as it is registered under the foreign country. Here the nature of the registration, the country, and the law is to be mentioned.

8.Trustor Society

In case if a trademark application is made on the behalf of the trust or the society then the name of the managing trustee or the chairman or the secretary that is representing the trust or the society is to be mentioned.

The list of documents required to obtain Trademark registration are:

Identity proof of the trademark owner
PAN
Passport.
Aadhar Card
Certificate of
Incorporation ( In case of
a Private Limited
Company or an LLP)
Udyog Aadhar
Registration
Logo if it is applicable and available
Address proof

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