Overview
In recent years, Trademark Registration has become increasingly common as companies look to prevent infringement on their brand identification. These days, even sole proprietorships, smaller businesses, and enterprises choose to register their trademarks because it allows them to concentrate on their marketing initiatives. Before deciding to register a trademark for partnership firms, owners must take into account several factors.
Any person, partnership firm, limited liability partnership, or business may apply to register a trademark. In the event of any trademark violation, it offers a legal remedy against the third party. The owner of the registered trademark has the sole right to use it on its goods and services.
What is a Trademark Registration?
The legal procedure by which businesses guarantee that such names and symbols stay unique to them is trademark registration. This procedure aids in preventing other businesses from deceiving consumers into thinking they are the same brand by using their name, logo, or symbol. Trademark registration aids businesses in preserving their brand identification and awareness in the fiercely competitive commercial environment of today.
Benefits of Trademark Registration for Partnership Firms
Trademarks help products and services stand out from the competition, establish a brand for the product, and make it marketable. The following are some of the many benefits of trademark registration:
· Legal protection: A trademark can be readily shielded from infringement by registering it. Additionally, it grants the exclusive right to utilize the trademark. If the trademark has been registered, the Partnership Firm may pursue legal action to stop any attempts at infringement.
· Product differentiation: Trademarks guarantee that the owner’s goods and services are distinct from those of its rivals. They also make it easier for customers to recognize products, which builds the brand’s foundation.
· Asset creation: Like other intangible assets, trademarks are intangible assets that corporate organizations can sell, franchise, or assign because they add value to the company. Both trademark costs and depreciation can be recorded in the books of accounts.
· Generates goodwill for the company: The Registered Trademark increases the company’s worth and generates goodwill and net worth. Additionally, it helps the corporate organizations flourish.
· Business expansion: By establishing a link between consumers and products, a trademark builds a clientele that facilitates the launch of new goods and business growth.
Eligibility Criteria for Partnership Firms to Register a Trademark
Partnership firms that fulfil specific requirements are eligible to register a trademark. Some of the most important conditions are as follows:
· Proof of Business Operations: Businesses must demonstrate that they are operating, typically by presenting financial statements.
Authorized Representatives: With the necessary paperwork, any partner or representative may submit a trademark application.
· The MSME Certificate, also known as Udyog Aadhaar, is an optional certificate that makes the registration process simpler and more affordable.
Who Can File a Trademark Application?
The Trademark Act of 1999 protects trademarks, which are a kind of intellectual property, from infringement. Therefore, the right to register a trademark is available to any individual or legal body. To register a trademark in India, you do not have to be a commercial entity or the owner of a corporation. Additionally, the person or organization may be foreign or Indian in origin. Applications for trademarks that they intend to use in the future can also be submitted by individuals and corporate entities. The following organizations are permitted to submit a trademark registration application under Indian law:
A company’s joint owners
Sole proprietorships
Partnership companies
Partnerships with limited liability
Corporations that are either private or public limited corporations
Trusts or societies
People or private individuals
What to Know About Trademark Registration for Partnership Firms?
Partnership Firms’ trademark registration will be enforceable in India for ten years following the date of application. To maintain exclusivity about the mark, the owner must apply for renewal before the end of this time.
After submitting an online trademark application to the government, applicants can begin placing the ™ symbol next to their name, brand symbol, or logo. Competitors can tell that your company has submitted a trademark application and is awaiting approval by seeing the ™ symbol. Receiving the registration certification after registering a trademark for a partnership firm could take anywhere from six to twelve months. Whether or if third parties object to or oppose the application determines how long it takes.
Fees for Trademark Registration for Partnership Firms
1. Government Charges:
Partnership enterprises classified as startups or MSMEs (when registered online) pay 4,500 per class.
For other partnership firms or entities, each class costs 9,000.
The cost is determined by the kind of application and the quantity of classes you sign up for.
2. Extra Administrative and Legal Expenses
3. Legal Consultation: Depending on the intricacy of the application, trademark attorneys charge between 5,000 and 20,000 for preparation and filing.
4. Document Preparation: Getting specific certificates or notarizing documents may incur fees.
5. Trademark Maintenance: To maintain the validity of your trademark, renewal fees must be paid every ten years.
How do I Register a Trademark for trademark registration for partnership firms?
· Because there are many different kinds of trademarks accessible, applicants have a wide range of options when selecting a trademark. Consequently, to select a trademark, one must search for one that is available through the registration and that is distinct from all other trademarks.
· A trademark application in form TM-A must be submitted by the applicant in person at the trademark office or online. Supporting documentation, such as the applicant’s full details and the kind of trademark that has to be registered, must be included with the application.
· The governing body will review the trademark registration application and provide an examination report within 30 days of the registration being filed, together with a response to the report (if needed) within 30 days after receiving the report.
· After hearing from the examiner, the trademark authority will either approve or reject the application. If the examiner is happy with the applicant’s legitimacy, the application will then be forwarded for journal publication.
· For four months, the trademark is published in the Trademark Journal to solicit public opposition to the Partnership Firm’s trademark registration.
· Within four months of the trademark’s publication in a journal, any member of the public who feels wronged by the trademark must file a notification opposing its registration in Form TM-O. If a trademark is objected to, the legal process must be followed, which includes filing evidence, making a counterstatement, and holding a hearing.
· The registration application will be handled further after all objections have been addressed, and a certificate of registration will be generated within a week. This certificate will be valid for ten years.
Documents Required for Trademark Registration for Partnership Firms
· A reprint of the logo
· Udyog Aadhar registration certificate with signed authorization Form-48, if you require a reduced registration fee
· Partnership Agreement
· Proof of identity and proof of address for the signatory
Conclusion
Partnership firms wishing to safeguard their brand identification and build confidence in the marketplace should register their trademarks. Partnership firms can protect their brand from infringement, gain the trust of their clients, and set themselves up for long-term success by following the procedures described in this book and realizing the significance of trademark registration. Therefore, don’t hesitate any longer; register your trademark now to safeguard the future of your partnership firm and take the first step towards brand protection.