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.
- Copy of the Logo
- Signed Authorisation Form-48
- Udyog Aadhar Registration Certificate, if you need reduced registration fees
- Partnership Deed
- Identity Proof and address proof of the Signatory
The application fee is Rs. 4000