Who can apply for a trademark?
Any owner of a business may register their trademark.The application should contain the trademark, name, and address of the applicant/power of attorney, the goods and services.The application should be in Hindi or English in the registered office.
An individual or a person who has a business or wants to do business can apply for the registration by providing personal and business details.
Co-Owners-If there are two or more owners of a business, they can register their names with the details of their names and business.
A partnership firm can register for trademark by providing the names of all the partners. In case of a minor partner, the name of minor’s guardian has to be mentioned.
A proprietorship firm can register their name by providing the full name of the proprietor along with the business details
Limited liabilty partnership can also register their trademark as a legal entity.The LLP name and address has to be mentioned.
Startup – A small enterprise or a startup can also register themselves.
Company – Any Indian company or a foreign company can also register themselves by their corporate names.The companies have to provide details of the nature of registration in the country of incorporation.
Trust -Any trust or society or organization can apply for registration.The names of the trustee or chairman or director have to be provided along with the nature of the trust.
Software Developer-A trademark can be filed as to protect the “brand name” of a software product. If a software product has unique functionality, like ‘photo editing’, it can be trademarked against the competitors.
Essentials of application
● Name and address of the applicant
● Power of attorney’s name
● List of goods and Services
● Documents relating to the first use of the trademark
● Cost of registration
● A clear representation of the mark
What is Trademark Search
A trademark has to be searched well in order to avoid troubles at a later stage.It is convenient to take expert advice or refer to submittax.com for the registration process.
4) Other important notes
● Documents need to be correctly filed
● The content of the application should be correct
● Documents must be signed and dated
● Compliance of filing requirements