Trademark

Trademark Registration for Partnership Firms: A Detailed Outlook

calendar01 May, 2021
timeReading Time: 5 Minutes
Trademark Registration for Partnership Firms

In the past few years, the significance of trademark registration has grown in tandem with the evolving competition. At present, many firms, including startups, prefer protecting their IP assets upfront before speeding up their marketing campaign.

Increased marketing attracts infringement vulnerabilities; thus, protecting a firm’s intangible assets is a wise move. In this write-up, we will talk about Trademark registration for partnership firms. The trademark registration application goes through various stages in the case of partnership firms. 

An Overview on the Trademark Registration

A trademark denotes a word, illustration, or symbol used by a business for the protection of its intangible assets. A logo or image under trademark protection is more likely to become popular in the market than non-trademark assets. Thus, trademark protection can also pave the way for a company’s success in the long term. Everything from the company’s logo to the image is eligible for trademark protection as long as they stand fit in the eye of the law.

The trademark-protected images or logos are vested with the owner-exclusive rights that discourage third parties from using their mark without the owner’s consent. The registered trademark acts as a shield for the company’s IP assets as it prevents others from infringing them in any way. Since competitive markets are bringing more infringement vulnerabilities, it becomes essential for businesses to prioritize trademark registration.

Any law-abiding citizen or firm in India can apply for trademark registration in India. As such, there no hard and fast rules that make it difficult for anyone to register a trademark in India. At present, trademark registration is accessible to every Indian citizen or business type, including the foreign company.

Read our article:An Overview on Document Required for Trademark Registration

What do you Mean by Partnership Firms?

As the name suggests, a partnership firm is an entity that is driven by more than one individual collectively. The Indian Partnership Act, 1932 governs the partnership firms in our country. Section 4 of the Indian Partnership Act specifies partnership as the relationship between individuals who have given their consent to share business profits carried on by all or any of them acting on behalf of all.

It’s worth noting that these firms are not treated as independent legal entities distinct from their members. It is the collective name given to persons establishing the firm. Such a firm cannot employ servants or possess property, and neither can it be a creditor or a debtor. 

Underlining the Importance of Trademark Registration for Partnership Firms

The points below exhibit the importance of Trademark registration for partnership firms:-

Importance of Trademark Registration for Partnership Firms
  • It enables businesses to differentiate themselves from their competitors easily;
  • With trademark registration, the mark can transform into an asset for the firm; 
  • It also ensures legal protection and deters third-parties form misusing the mark;
  • It confers the exclusive rights to the owner that comes with nationwide applicability;
  • It helps products and services to cement their presence in the given market;
  • It improves the business repo and goodwill; 
  • It ensures widespread market reach for the business owner.

E-Filing of Trademark Registration for Partnership Firms 

  • Head over to the IP India[1] Online Portal and log in to the same. 
  • Select the “New Registration” option.
  • Under “New User Registration Form,” select the correct type of applicant from the drop-down menu and click “Search” to find the code. 
  • On the subsequent window, enter your name and click submit button.
  • Next, click “Add new” tab 
  • On the next page, under “Select Proprietor Category”, select “Partnership firm” 
  • On the following window, add your personal details in the vacant fields. Note: do not leave the “legal status” field empty. 
  • Tap on the Submit button to proceed further. 
  • The screen will then prompt the new code. 
  • All you need to enter that same code in the field that appears in the beginning. 
  • After entering the said code, the screen will then prompts you to enter the Digital Signature detail and create the user ID and password. 
  • Next, provide your legit email ID and mobile number and the secure code in the vacant field highlighting on the same window.
  • Tap on the “Register” button. A confirmation message shall appear on your screen stating, “User has been registered successfully. The user account details will be emailed to the registered email id for the future record”
  • Clicking ‘Ok’ on the confirmation message will lead you to the login page. Enter the correct login detail and captcha code for successful login.
  • After login, you will be routed to the page that allows you to file the trademark registration.
  • On the left section, under the ‘New form filing’ option, select a File TM-A option.’
  • Under “select the type of applicant,” select “Others.”
  • Select the correct type of application from the available list. Next, enter the correct Class type and click Submit.
  • The next page will come with some auto-populate details. You need to scroll down and select the correct category of the mark from the drop-down menu.
  • Enter the name of the mark that you wish to register. 
  • Under “Class of Good/Service”, enter the correct description of the goods or services in the vacant field based on the selected class. 
  • Place a mark against the option stating “Proposed to be used”
  • Next, click on the “Attach Document” tab. You need to upload the following documents on the following window. 
  • Copy of the logo;
  • Partnership Deed;
  • ID proof & address proof of the signatory; and
  • Signed authorization form
  • After uploading the document above, tap on the option called – Digitally Sign and Submit. Make sure to provide a sign as per the on-screen direction.
  • Steer to the left panel to select the payment option. 
  • After paying the online prescribed fees, the application shall be submitted to the concerned authority. 

This is how you can e-file application of Trademark Registration for Partnership Firms. Once your application is submitted, it shall undergo rigorous scrutiny conducted by the Registrar. Post-verification, the proposed mark, and the image will find their way to the trademark journal to invite any objection. Once this over, the authority will grant you trademark registration. 

Key Points Regarding Trademark Registration for Partnership Firms

The following points in the list seek due consideration of the applicant seeking Trademark registration for partnership firms-

  • A trademark registration primarily offers a service life of ten years for a partnership firm from the application date. 
  • The owner can renew the trademark application to ensure continued exclusivity.
  • An applicant held the right to use the ™ symbol alongside their name or logo as soon as they applied for a trademark registration via the prescribed application. This system implies that that trademark application has been filed, and the approval is awaited. 
  • When a business is provided with a trademark registration certificate, then it becomes eligible to use the ® symbol. The logo symbolizes that the proposed IP asset has got the coverage of trademark protection. 
  • After filing trademark registration for Partnership Firms, the authority usually takes around a 6-12 months time period for granting the approval. This timeline may vary as per the opposition or objection if any. 

Conclusion

Trademark registration is a legitimate way of protecting a company’s IP assets from infringers. Those who seek trademark registration of partnership firms can e-file the application the way mentioned above. Write to us in case if something goes wrong in the process. We would ensure that you get legit assistance.

Read our article:How Can You Apply For Online Trademark Registration in India?

Pankaj Tyagi

Pankaj has a diverse experience of writing research papers, blog, and articles during his college time. Earlier, he was working as a tax consultant in a financial firm, but his interest in writing drives him to pursue a career in the writing field.

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