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Neha (Owner)     18 January 2022

Can i apply under individual category for trademark application of a partnership firm

Hello,

 

I have a partnership firm having 2 partners.

1. Can I apply under Individual category for Trademark application of my Partnership Firm?

2. If answer 1 is yes, One partner has DSC, Can he only apply for trademark?

3.  WIll my application be accepted if filed under Individual category?

4. What documents are required to be uploaded for Trademark application?

5. What is the application fees?

 

TIA,

Neha



 3 Replies

G.L.N. Prasad (Retired employee.)     18 January 2022

Search google with the keywords "Registration Trade marks' and entrust this task to an expert as you may lack technical competencies for a legally enforceable registration.

Aryan Raj   18 January 2022

In response to your query,

Trademarks are a type of intellectual property and receive protection from infringement through the Trademark Act, 1999. Hence, any legal entity or individual has the right to file a trademark registration application. Therefore, you do not need to own a company or be a business entity to file a trademark registration application in India. Also, the individual or legal entity may be of Indian origin or foreign. Additionally, individuals and business entities can also file applications for trademarks they plan on using in the future. As per Indian law, the following entities can file a trademark registration application;

  • Joint owners of a company 
  • Sole proprietorships 
  • Partnership firms
  • Limited liability partnerships
  • Private or public limited companies
  • Societies or trusts
  • Individuals or private persons

Therefore the answer to your question is yes, you can apply under individual category but you will have yo mention that the firm is not completely your own and it is a partnership firm.

Yes your partner can also apply for trademark if he has obtained a class 3 digital signature certificate. 

Whether your application will be accepted or not depends on the validation of your firm and related documents.

Documents required-

  1. Copy of the Logo
  2. Signed Authorisation Form-48
  3. Udyog Aadhar Registration Certificate, if you need reduced registration fees
  4. Partnership Deed
  5. Identity Proof and address proof of the Signatory

The application fee is Rs. 4000

Regards,

Aryan Raj 

 

1 Like

Neha (Owner)     18 January 2022

Can you please provide your contact details Mr. Aryan Raj?

I have a few more querries.

 

TIA


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