Trademark Registration For Partnership Firm

Updated on July 08, 2024 08:09:09 AM

Any mark that embodies a company brand’s uniqueness is known as Trademark. It could be a sign, pattern, word, phrase, number, or colour. It helps a brand to stand out in the commercial hub. But the chances of duplicity can not be denied, therefore the applicants need to register the trademark to ensure and safeguard their business.

Trademark Registration for a partnership firm is a procedure for getting legal protection for a symbol. It improves the brand's popularity and accessibility in the marketplace.

A trademark, as defined by "Section 2(zb)" of "The Trademark Act, 1999," is "a mark capable of being represented graphically." that may distinguish one product or business from another.

There are numerous different trademark types, but the most popular ones are listed below with an example so that the applicant can register as the following:

• Word Mark (eg. BATA)
• Colour Mark (eg. Dairy milk chocolate wrapper)
• Sound Mark (eg. Nokia tune)
• Device Mark (eg. apple logo)
• Shape Mark (eg. coca cola bottle)
• Certification Mark (eg. FSSAI )
• Collective Mark (eg. CA mark)
• Service Mark (eg. UBER)

Below mentioned documents are required for Trademark Registration for a Partnership firm:

• Copy of LOGO
• Signed PoA (Power of Attorney)
• Partnership deed
• Udyog Aadhar Registration Certificate (if any)
• Identity proof of the partners
• Trademark Description
• GST (if any)

Every partnership firm wants to enhance its business on a global level. After investing their time and expenses they will not allow anyone to harm their company’s reputation. However, a trademark is a very essential part of the brand’s reputation. There are many important benefits of Trademark registration for Partnership firms, such as:

• Registered Trademark aid to protect the firm’s brand from piracy.
• It provides legal protection to the brand, where no one else uses a similar kind of trademark without the owner’s permission.
• It builds trust in the firm, which helps to create a brand reputation.
• It has many chances where consumers get confused due to similar trademarks, here registration prevents Rebranding.
• It will have a greater chance of business expansion of that brand in future, which has been registered.
• A partnership firm that has registered a trademark, gets exclusive rights to its goods or services against its rivals.

Trademark Registration is a long process, it can take time from 6 months to 24 months to register a Trademark. There are different steps in this procedure from application to registration. Here is the complete process of the TM registration for the partnership firm:

• Conduct TM search: Before applying for the TM registration, firstly the applicant should do an extensive TM search. This initial step determines the trademark’s availability, which aids to decrease the chance of rejection.
• Application Filing: After conducting a TM search, the applicant goes for the application filing. This process takes 24hrs after which the applicant can use (™) in front of their brand name or logo. This symbol determines that this mark is under the TM registration process.
• Examination process: The application is forwarded to the department for review once it has been submitted. They investigate the trademark and figure out that it shouldn't be similar to any other trademark that has already been registered. If the application has any type of similarities then it will be sent for the reply.
• Reply to Examination Report: If the application has objected from the department side so, the applicant has to submit a reply to the examination report in favour of their mark. If the reply is accepted, the application will be advertised in the Journal.
• Advertise in Journal: When the application has been examined properly and the department has not any kind of objection regarding the similarities of the trademark so the trademark has been advertised in the Journal. Any third party can oppose the application within four months of advertisement.
• Opposition Process: If any third party opposed the TM registration, the TM registry will mark the application as opposed and the applicant has to make a necessary counter statement and supported evidence to defend the opposition.
• Hearing: At this stage, the Registry department gives chances to both parties to defend their side and prove their sides. If the Registrar accepts the applicant's statements then the trademark is registered otherwise it will be rejected.
• Registration certificate: This is the last stage, where the trademark has been fully registered. From this point, the applicant starts using symbol ® in front of their brand name or logo.