A Complete Guide on Trademark Registration for Partnership Firms in India

In the past few years in India, the importance of Trademark Registration has rapidly increased as businesses looking to protect or safeguard their brand name from infringement. Many entities, companies, and businesses choose Trademark Registration as it helps them to concentrate on marketing. In this blog, we will discuss the Trademark Registration for Partnership Firms, and in the case of Partnership Firms, the application for the registration goes through many stages.

An Overview of Partnership Firms

An individual who has come into partnership with another to commence a business are separately called a Partners & collectively Partnership Firm. The Indian Partnership Act, 1932 govern such firms. Indian Partnership Act, 1932 (Section 4)^[1] defines partnership as the relation between a person who has agreed to share business profits carries on by all.

It may remember that a Partnership Firm is not an individual legal company different from its members. It’s a collective name given to individuals creating the firm.  Such a firm cannot own property or employ servants. Also, it cannot be a creditor or a debitor.

What is a Trademark?

A Trademark is an image, a word, a logo, name or a symbol used by a company or business to differentiate their products or services from other competitors in the same market. Such a name or logo becomes the brand identity of a business, thereby becoming appreciated to the company. Everything from the company’s name to logo might be considered a Trademark.

By getting the Trademark Registration Certificate, companies or businesses ensure that the name or logo remain exclusive to them. It prevents others from using similar mark and confusing or tricking customers. Hence, Trademark Registration is a crucial as anything in the present competitive business world, which helps companies and business to maintain brand individuality.

Importance of Trademark Registration for Partnership Firms in India

The importance of Trademark Registration for Partnership Firms in India can be inferred from the following points:

1. It offers legal protection and prevents from copying and misusing your mark;
2. It permits businesses or entities to differentiates their products from competitors easily;
3. It boosts the value and goodwill of the business in the Indian market;
4. It grants the Trademark owner the exclusive countrywide proprietorship of the mark;
5. With Trademark Registration, a mark can become a company’s asset;
6. It helps the owner in spreading their business to international levels;
7. It supports the Trademark owner to stand apart in the core of your opponents, hence making it comparatively easy to market your products and make the best of the brand.

What are the vital points to remember about Trademark Registration for Partnership Firms?

Following are some vital points to remember before going for Trademark Registration for Partnership Firms:

• Trademark Registration for Partnership Firms shall remain valid for ten years from the date of application. The Trademark owner has the option to renew the same so as to enjoy continued exclusivity;
• When a business or entity receives Registration Certificate of a Trademark, then it can use the ® symbol, and it signifies that the logo, brand, or name has been successfully registered;
• An applicant can start using ™ symbol with their name or logo or symbol once they file an application for Trademark. ™ symbol signifies that your business or entity has filed an application and is waiting for approval;
• When you file a Trademark application for Partnership Firms, it may take approx. 6 to 12 months of time to receive consent. The time may vary as per opposition or objection if any.

Filing a Trademark Application for Registration

An individual or company may file an application; hence, it is not essential to own an entity or be a business entity to file an application for the registration of a Trademark in India. Further, a business or an individual may also file an application that they desire to use in future. As per Indian Law, the following entities may file an application for the registration of a Trademark:

• LLPs (Limited Liability Partnerships);
• Sole Proprietorship;
• Trusts or Societies;
• Partnership Firms;
• Private persons or individuals;
• Joint owners of a company.

What are the Vital Documents Required for Trademark Registration for Partnership Firms?

For the Trademark Registration for Partnership Firms, the following documents are required:

1. Submit a copy of the logo or name;
2. Submit a Partnership Deed;
3. Submit any identity and address proof of the signatory;
4. Duly signed authorization form.

Procedure for Trademark Registration

You can check the procedure for Trademark Registration below:

1. First, you have to select a unique and attractive mark that will represent your company or business;
2. Ask a legal expert to know which Trademark class the Trademark belongs to;
3. The candidate shall do an online Trademark search to know whether the proposed mark is similar to an already registered mark or not. This is done to avoid infringement and opposition later on;
4. Once the applicant find their mark original and unique, then they can apply for Trademark Registration under a class or multiple classes;
5. After that, the Trademark Registrar will verify the application and documents submitted by the applicant and also examine if the mark applied for doesn’t violate an already registered mark;
6. After the verification, the Trademark Registrar shall publish the mark in Trademark Journal. In case if there is no opposition within 3 months, then the mark shall be approved, and the applicant gets the registration certificate;
7. But in case a Trademark Opposition arises, the applicant will have to go through a formal process.

Conclusion

There are several advantages of getting Trademark Registration for Partnership Firms. It distinguishes your products, gives you an exclusive right, and creates goodwill and belief among customers. All the information mentioned above is essentials for Partnership Firms seeking Trademark registration. But, you already know that this process can be long and boring, and you may need the help of an expert in filing the application for the registration.

Also, Read: Know 5 Things to Consider for Application of Trademark Registration