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can i get a trademark for a partnership firm?


 Hi everyone, I am young tech entrepreneur, we are offering our services as a registered firm.

We need to take a trademark for one of our products. Is it possible to register a trademark on a Partnership Firm's name as a Partnership Firm is not a legal entity? Or should I apply as an Individual or as a Pvt. Ltd. company?

Say my product name is "ABC" and I have a website with the same name www.abc.com. Do I have to apply for a trademark separately for "ABC" and "www.abc.com"?

Thanks in advance.

 
Reply   
 

1. A trademark can be registered in the name of an individual, a firm, a society or a company. The owner of the mark would be the entity in whose name the mark is registered.

2. Partership firm is a legal entity. The partnership is governed by Partnership Act.

3. While both a domain name and a trademark are intellectual properties, they are different and work in different areas.  A trademark is applied on goods and services. For Example, LUX in a trademark applied on soaps. KINGFISHER is a trademark used on beer, mineral and aerated water. It is also now applied on air travel services. A person may not deal with any goods or services but may still have a domain name in his name. For example: http://www.abdulkalam.com.

I hope your fundamental doubts are clarified,


Total likes : 1 times

 
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 Thanks a lot for the information.

I have been offering services on a particular name say "ABC" for the past 5 months without having a trademark. If someone else applies for a trademark on "ABC" and sues me for using his/her TM is there a possibility for my firm to defend itself as we were the first to use the name(based on domain name registration, etc).

My doubt regarding website is not yet clarified. If I get a TM for "ABC" is it obvious that I am the only one who can have a domain by name www.ABC.com? Or putting it in a different way, if I get a TM on "ABC", if some XYZ starts a website by name www.ABC.com, can I sue him?

If some other firm is dealing in similar products/services and launches its products/services with a very identical name though not exactly the same, can I take action against it?

 
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Lawyer

 Mr.Rao A partnership firm in not a legal entity.........And i have Pmed u Raghavendra with the answer to your question.........

 
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Advocate

Ms Meenakshi

Even though the partnership firm is not considered as a legal entity, still under the provisions of the Trademarks Act it can apply and obtain a Trademark.

 
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I agree with Vishal ji. A Trade Mark can be obtain for a partnership firm also.

 
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Publishers

I agree with Mr.Vishal.

 
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Publishers

Regarding the domain names I will cite two examples,

1) In one case of passing off action filed by Lions Club the Defendants were injucted from using the word Lion in its domain name and also in its email address.

 

2) In another case filed by REDIFF, permanent injunction was granted restraining the defendant from using the mark/domain name "RADIFF" which is deceptively similar to Plaintiffs' trade mark/ domain name "REDIFF".

 

If required full text of both the cases can be supplied on request.

 
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LL.B M.B.A Corporate Lawyer and Management Consultant

yes ,a partnership firm can apply for TM

 
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INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student

Dear Raghavendra,

Under Section 18 (1) of India Trademarks Act Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it , shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.

 
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