Trademark

TRADEMARK REGISTRATION FOR LLP – An Overview

calendar24 Jan, 2023
timeReading Time: 4 Minutes
Trademark Registration for LLP

By registering its trademark, LLP prevents third parties from misusing its goods and services. A trademark registration provides the owner the exclusive right to use the company’s goods or services. It makes the brand easier for consumers to recognize, distinguish from competitors, and identify. As was already mentioned, a trademark stands for a genuine product or service, therefore maintaining high standards for the products or services, it fosters consumer loyalty. Common names, geographical names, common trade phrases, and simple abbreviations cannot be registered as trademarks. A trademark should be convenient to use, enable commercialization of your results, and strengthen product brand recognition. In this blog, we will discuss Trademark Registration for LLP.

What are Trademark and LLP?

  • Trademark:

As the phrase suggests, ‘trademark’ means a mark or symbol used in the course of trade to indicate the source of commercial goods or services. From the point of view of a customer, a trademark is a mark by which he identifies goods of a particular trader or manufacturer or services of the service provider.

According to the Trademarks Act, 1999, a mark to meet the criteria as trademark must:

  • be capable of being drawn graphically, and
  • be capable of separating the goods or services of one person from those of others.

For example, a florist cannot use the representation of flower for his products since the trademark of a flower is not capable of distinguishing the products of one florist from that of other. A picture of a flower can be a trademark but a flower itself cannot be a trademark. A trademark can be the shape of goods, the packaging of goods and combination of colours.

“Trademark is simply an intimation upon the goods that they are the goods of the owner of the mark”- Lord Shand in Bowden Wire v. Bowden Brake Co. Ltd.

  • LLP:

Limited Liability Partnership is referred to as LLP. It is an alternative corporate venture that provides the partners with the advantage of limited liability at a minimal compliance cost. In contrast to Partnership Firms, which have unlimited liability, the liability of each partner is restricted to his share as stated in the agreement submitted at the time of the founding of the LLP. In other words, limited liability[1] protects partners’ personal assets and income from creditors if the partnership dissolves. LLPs are typical in professions like law firms, accounting firms, medical practices, and wealth management.

According to Section 3 of the Limited Liability Partnership Act 2008 (LLP Act), an LLP is a body corporate, formed and incorporated under the Act.

TRADEMARK CLASSES

All the goods (from class 1 to 34) and services (from class 35 to 45) are classified into the 45 trademark classes. The classifications you choose must be carefully considered since they will affect the extent to which your trademark will be valid for the products and services offered by your company. If your company offers a variety of products and services that fall under various classes, you must make sure that you can submit an online trademark application for each class that applies.

Trademark Can Be Registered Under the following Categories:

There are numerous facets of your brand’s image that might be trademarked. Which component of your brand sticks out to your customers is an important factor to take into account when registering a trademark online. Select those elements if you want to register a trademark in India. Words, colours, devices, shapes of goods, sound marks, and three-dimensional objects can all be registered as trademarks.

Prerequisites for Trademark Registration for LLP

Before registering a trademark, we should always keep certain below-mentioned points in our minds.

  1.  It should be distinctive.
  2. It must not create any confusion.
  3. It should not contain any obscene or scandalous matter.
  4. It should not contain any matter that hurts the religious susceptibilities of any class or section of the people.

Person Who Can Apply For Trademark Registration For LLP

For Trademark Registration for LLP, a proposed business user (who is considering about doing so) or its existing authorized partners may submit an application. The registration process requires fewer documents to support an application with the registrar for a new or prospective trademark user. On the other hand, to prove to the registry that they are a prior user of a registered trademark, an existing trademark user must substantiate their claim with a user affidavit that is supported by invoices and any advertising materials (placards, news ads) they have used up to this point.

Basic Documents which are required for Trademark Registration For LLP

Following is the list of all crucial documents required for Trademark Registration for LLP:

  • Copy of logo (optional)
  • Signed Form-48. it’s a form authorising an agent to represent and file the application with registry.
  • Incorporation certificate or partnership deed.
  • Udyog Aadhaar registration certificate.
  • Address proof of signatory.
  • Identity proof of signatory.

Various Steps and Processes for Trademark Registration For LLP

The procedure for Trademark Registration for LLP is quite straightforward; it is normally overseen by the Ministry of Commerce and Industry’s Controller General of Patents, Designs, and Trademarks.

An application for trademark registration must be submitted, the trademark must be examined, it must be published or advertised, it must face opposition (if any objections are raised or discovered), it must be registered, and it must be renewed after every 10 years.

Step 1: Search for a mark or logo that is entirely distinctive.

Step 2: File the trademark application (Form TM-A).

Step 3: The trademark application is examined.

Step 4: The trademark authority may accept or reject the application after reviewing it; however, the opportunity to be heard is always provided.

Step 5: After the application is approved, the trademark is advertised and must be published for 4 (Four) Months in the Trademark Journal.

Step 6: Anyone can oppose the trademark and submit a notice of opposition via Form TM-O to the registration of the advertised/published trademark.

The trademark is issued an autogenerated registration certificate within one week if there was no opposition to the registration during the advertisement or publication.

Duration and Renewal Of Trademark Registration For LLP

The trademark registration for LLP is only valid for ten (10) years. After that, it must be renewed before the specified 10-year period expires. If the LLP does not renew the trademark, all associated registration-related protection against infringement would be lost. This application may be submitted on or before 6 (six) months after the registration’s expiration date.

Conclusion

We conclude that, in light of the advantageous position that an LLP enjoys relative to itself, if you intend to start a business through an LLP, you should seriously examine the possibility of registering a trademark for your company in order to position yourself in this cutthroat market. Online brand verification and brand visibility do have several advantages since they help to prevent fraud and other wrongdoings, including unauthorised use of brands and products of all kinds. Additionally, it aids in building the organization’s reputation, which is thought to be a necessary element for long-term commercial success.

Read our Article:Online Trademark Registration: A Detailed Guide

Arya Panda

Arya is a law graduate from ICFAI University, Dehradun and when it comes to his academics, he has always been a responsible, inquisitive, and enthusiastic learner. He is extremely passionate about writing, a skilled researcher, and has a great flair for drafting. Arya has got himself acquainted with various aspects of law while working as an intern with several prominent law firms. His primary interests lie in Corporate, IPR, and Arbitration. His work experience, strong work ethic, head for law, and passion for working as a lawyer to change the world by helping to implement justice are what he brings to the opportunity with any office. 

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