Trademark Registration for Partnership Firm

Last Updated On: Sept. 4, 2021, 10:37 p.m.
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TRADEMARK REGISTRATION FOR PARTNERSHIP FIRMS

 

 

Many companies, proprietorships, and firms choose trademark registration as it helps in the marketing and advertising of products and services. The importance of registration of trademark has grown within the previous few years as businesses seek to guard their brand identity from infringement. The application for trademark registration goes through scrutiny in several stages when applying for partnership firms.

A trademark could be a word, image, or symbol employed by a business to differentiate itself from its competitors. Such a logo, symbol, or image becomes the brand’s identity. It is valuable to the corporation as it differentiates the brand from its competitors.

By getting their trademark registered,  the firms ensure that the name and symbols are exclusive to them. It prevents others from using an equivalent name or symbol for tricking customers. Thus, trademark registration is an essential tool in today’s competitive business environment. It helps firms and corporations to take care of brand identity and in their marketing campaigns. In this text, we shall check out the Trademark registration process for partnership firms.

 

About Partnership Firms

A person or a company which has entered into a partnership with another firm to conduct business activities are called Partners and such collaboration is termed Partnership Firm. Partnership firms are regulated in India under the Indian Partnership Act, 1932. Section 4 of the Act defines partnership as a collaboration between entities who have agreed to share business profits carried on by everyone or any of them acting on behalf of everyone.

It should be noted that a partnership firm is not a separate legal entity distinct from its members. It is a collective name given to a group of individuals composing the firm. Such a firm cannot own property or employ people. It also can’t be a debtor or a creditor.

 

Importance of Trademark Registration for Partnership Firms

The significance of Trademark registration for these firms can be understood from the subsequent points:

  • It allows brands to differentiate themselves from their competitors easily.
  • With registration, a trademark can become an asset for the partnership firms.
  • It also gives legal protection and prevents misuse/copying of brand identity.
  • It grants the owners of the firm, the exclusive nationwide right over the trademark.
  • It helps a firm to remain distinct in the midst of their competitors, thus making it relatively easy to market their products and make a name for the brand.
  • It enhances the market value of business and its goodwill in the Indian market’s customers.
  • It assists in expansion of the business to global levels.

 

Application filing for Trademark Registration

A recognised legal entity or individual is allowed to file an application for Trademark Registration. Thus, it is not necessary to own a corporation or be a business firm to file an application for Trademark Registration in our country. Moreover, individuals or business entities can also file applications for a trademark that they want to use in the future.

As per the Indian law, the subsequent entities may file for Trademark Registration:

  • Sole proprietorship
  • Partnership Firms
  • Private or Public Limited Companies
  • LLPs
  • Individuals
  • Societies and trusts

 

Procedure to Register a Trademark for Partnership Firms

 

  • Select a singular or distinctive mark/logo which will represent the essence of the firm or its objectives.
  • Consult a legal professional to understand which class trademark belongs.
  • The applicant shall conduct a web research to understand whether the chosen mark is analogous to any existing registered mark or not. This is generally done to stop infringement or objections in the future. 
  • Once the applicant finds that the applied mark is unique, then he/she may apply for registration of trademark under a single or multiple category.
  • The next step involves verification from the trademark registrar who checks and verifies the data provided by the applicant and also verifies if the mark applied for doesn’t infringe an already existing one.
  • After preliminary verification, the registrar publishes the mark in the Indian Trademark Journal. If there’s no opposition raised within 3 months of publishing, the mark will be approved. Post this, the applicant receives the trademark registration certificate. However, if an opposition arises, the applicant is asked to undergo the formal procedure to make tweaks in his/her chosen mark.

 

Documents for Trademark Registration of a Partnership Firm

For partnership firms, the subsequent documents are required:

  • Copy of chosen logo.
  • Partnership Deed of the firm.
  • ID proof and address proof of the signatory.
  • Signed authorization form
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