Any person who claims to be the owner of a trademark will be eligible for applying for trademark registration. As an organization or individual, you should apply for trademark registration to protect your service and product. The application should, however, contain information like a trademark, name, address of the agent, along with power of attorney. In this article, we take a look at the entities that can apply for trademark registration in India.
Who can apply for Trademark Registration?
Some of the prominent entities in India that can apply for trademark registration are as follows.
- Joint owners
When joint owners of a company file for trademark registration, both their names need to be mentioned on the application.
- Proprietorship firm
A proprietorship firm isn’t a separate legal entity, and the person running it should be responsible for the debts. However, it is hailed to be one of the simplest business forms because of fewer maintenance charges.
A proprietorship company can also file for trademark application under the name of the proprietor. However, the application cannot be filed against the business name. If the proprietorship name and business are made a part of the application, the government should consider the details separately.
- Indian and foreign companies
According to the business name, any Indian and foreign company falling under the category of private limited or limited should file for trademark registration. Since the business has its own identity, it cannot be trademarked under the company’s director. Hence, the business name will need a separate trademark.
- Limited Liability Partnership
Every LLP company has its own identity. Hence, the trademark registration should be done under the respective LLP’s name. Nonetheless, none of the partners can apply for trademark registration.
- Society or trusts
The concept of societies is increasing rapidly in the country. The organizations that aim at social service fall under the category of Societies and Trusts. The organization may be called Trust only if legal agreements are made, and trustees are eligible for controlling operations and assets. However, the organization will be called Society if more people come in to complete a particular purpose.
Trusts and Societies can apply for trademark registration. However, the entire process needs to be carried out on behalf of Trust and the Society. Unlike other applications, the managing director, chairman, and trustee can be a part of the application.
An individual can also file for trademark registration. Nonetheless, there’s no necessity that this needs to be done only for businesses.
When applying for a trademark, all the partners should mention their names in the application. The maximum number of partners should, however, be 10. If the business has a minor partner, the minor’s guardian’s name should be in the application. Every business or individual applying for a trademark can protect their goods as per Indian law.
As a business owner or individual who owns a trademark, you should apply for the registration process. You can avail of the services of a dependable agency that can make trademark registration a seamless process. Adhoclegal can help you register your trademark. To know details about our trademark registration services, contact us today.