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Obtaining Trademark in India

eFiling Portal Team Thursday, December 22, 2015

Find out what kind of application you should file for obtaining Trademark Obtaining Trademark in Indiafor your company.

Trademarks are required by the businesses to protect their brand which is unique to the person or the business entity. Thus trademark Obtaining Trademark in Indiais obtained by individuals practising business or businesses or not-for-profit organisations. It must be noted that each type of business i.e. persons or entity, undergo different type of procedure for procurement of trademark.

This article discusses the different requirements for filing different kinds of applications for obtaining Trademark Obtaining Trademark in Indiain India.

1) Applying for Trademark as an Individual.

An individual whether or not practising any business is free to file a trademark application and obtain trademark Obtaining Trademark in Indiafor any word/symbol/slogan that may come to his/her use in future. If you wish to file trademark application as an individual, make sure that you use the full name of the applicant in the application.

2) Applying as Joint Owners.

If in case you wish to apply for trademark Obtaining Trademark in Indiatogether with your partner, then the names of both the partners must be mentioned on the trademark application

3) Applying as Proprietorship Firm

If you are filing the application as a Limited Liability Partnership, the application should be made in the name of the LLP. Since an LLP has its own identity, the Partners cannot be the applicants, as the trademark will be belonging to the LLP not the partners.

6) In case of obtaining Obtaining Trademark in Indiafor an Indian Company.

For any private limited/ one person/ limited company, the application must be filed in the name of the company. Since the company is an incorporated body, it has its own identity. Because of this the director(s) cannot be considered as the applicant. However other formalities related to the application like signing and submitting, can be performed by the Director or any authorized personnel of the company.

7) For a Foreign Company.

If a company registered outside India is filing a trademark application in India, the application has to be mandatorily made in the name under which it is registered in the foreign country. One has to make sure that the kind under which it is register, its country of incorporation and the law under which the company is registered are mentioned.

8) Trust or Society.

In several cases the trademark application is filed to obtained Obtaining Trademark in Indiafor a Trust or Society. In such cases the name of the Managing Trustee/Chairman/Secretary who is representing the Trust or Society has to be mentioned.

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