How to go for Trademark Registration of LLP?

Limited Liability Partnership (LLP) is way of doing business which has basic structure of partnership but it is considered as Body Corporate. Because of its corporate structure, LLP separates itself from partners. The rights and duties of the partners are governed by the LLP deed which are generally agreed signed and filed with government, it contains all governing principles. Since there are no liabilities on the partners’ personal assets this helps the organization to grow more, the fear of losing one’s own wealth are less.

Because of its basic structure and less compliance under the law, not only in India but in many other countries like USA, Australia and Singapore it is widely recognised and well accepted in service and other sectors.

A trademark registration for any entity including LLP plays a crucial role since it brings a huge repute among the eyes of vendors, consumers, regulatory bodies. It gives an edge among its peer considering it has its own brand value. Trademark is also considered as an intangible asset since it generates goodwill towards an organisation.

Now let’s understand what constitutes a trademark, a word or a combination of words, letters, and numerals can perfectly constitute a trademark, it may consist of drawing or symbols.

A Trademark is one form of Intellectual Property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. Trademarks are used to identify services which are generally termed as service Marks.

Table of Content: Why LLP should have their Trademark Registered? What are the basic documents which are required to register a trademark for LLP? What are the Various types/Forms of Trademark for LLP? Classification of Classes for Goods and Services Who can apply for Trademark of LLP? How much time does i take to register Trademark for LLP? What are the various steps and processes for Trademark registration? Do you know that a trademark can also be acquired other than by way of registration? Validity and Renewal of Trademark of LLP Trademark Infringement Conclusion

Why LLP should have their Trademark Registered?

LLP by registering its trademark, restricts the misuse of its products/services from any third parties. Trademark Registration gives an exclusive right to the owner to use its products or services. It helps the customers to recognise and identify and able to differentiate the brand among its peers. This in long term creates goodwill and trusts among its consumers, vendors, regulatory bodies and its peers.

What are the basic documents which are required to register a trademark for LLP?

The following are basic documents required to file an application with Registrar of Trademarks

• Wordmark, logo of trademark
• Duly signed Power of Attorney (Form TM – 48) it’s a form authorising an agent to represent and file the application with registry
• User Affidavit duly stamped and notarized by the Designated Partner of the LLP, generally user affidavit is required when business has already commenced before its trademark application.
• Copy of Certificate of Incorporation for the address proof of LLP
• Copy of identity proof of any one Designated Partner (viz PAN)
• Copy of address proof of any one Designated Partners’ (viz Aadhar/Utility Bill)

What are the Various types/Forms of Trademark for LLP?

Trademark may be known by the following symbols:

• ™ (the “trademark symbol”, which is the letters “TM” in superscript, for an unregistered trademark, a mark used to promote or brand goods);
• ℠ (which is the letters “SM” in superscript, for an unregistered service mark, a mark used to promote or brand services);
• ® (the letter “R” surrounded by a circle, for a registered trademark)

Classification of Classes for Goods and Services

 There are 45(forty-five) classes in whole under trademark rules, under which different classes of goods & services can be:

CATEGORY	CLASS  LIST
Goods	From Class 1 to Class 34
Services	From Class 35 to Class 45

Trademark can be registered under the following categories

• Word
• Colour
• Device
• Shape of Goods
• Sound Mark
• Three Dimension

Who can apply for Trademark of LLP?

A proposed business user (who is considering to start its LLP) or its existing designated partners can make an application for Trademark Registration of LLP

• For New/proposed user of trademark: Trademark registration under this category requires fewer documents to support its application with registry

• Existing user of Trademark –without registration: This kind of user has to substantiate by way of user affidavit, which are generally a statement specifying its existence. Applications are backed by invoices, advertising materials (placards, news ad) used so far, to proof to registry that they are prior user of considered trademark.

How much time does it take to register Trademark for LLP?

The trademark registration has to pass through various stages to substantiate and to proof its uniqueness and creativity. Therefore, one can expect to have the trademark certificate in between three (3) to six (6) months after its application.

What are the various steps and processes for Trademark registration?

The Process of registration of Trademark for LLP is very simple it is generally governed under Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India.

The process to get a trademark registered involves filing of the trademark registration application, examination of the trademark, publication or advertisement of the trademark, opposition (objections) if raised/ found, registration of the trademark and renewal of the trademark after every 10 years.

We have to follow the below process Step by Step:

Step 1: Search for a Mark or Logo which is unique in all respects.

Step 2: File the Trademark Application (Form TM-A) which can either be filed single-class or a multi-class depending on the goods and services.

Step 3: Examination of the trademark application by the Government Authority post application of Form TM-A.

Step 4: Trademark Authority after examining the trademark application may accept the application or may reject the application, opportunity of being heard is always given.

Step 5: Once the application is accepted the said trademark is advertised and also to be published in the Trademark Journal for a period of 4 (Four) Months.

Step 6: Any person can oppose the mark and can file a notice to oppose vide Form TM-O against the registration of the advertised/published trademark.

In case there has been no objection against the registration during the advertisement/publication, then the trademark is issued an auto-generated registration certificate within 1 week.

Do you know that a trademark can also be acquired other than by way of registration?

The rights in a trademark may also be acquired by way of an assignment or by inheritance. The assignment and inheritance is the other way to acquire old brand. For Example, ITC Acquired the Brand Savlon, Shower to Shower Brand from Johnson & Johnson in 2015 by way acquiring the rights to use the Brand and its know how.

Validity and Renewal of Trademark of LLP

The trademark registration is valid for a period of 10 (Ten) years only. After which, it has to be renewed prior to expiry of the said term of 10 years. In case the LLP fails to renew the trademark, then it shall lose all the protection against infringement that comes along with registration.

This application can be filed on or before 6 (six) months from the date of expiration of the registration.

Trademark Infringement

Trademark infringement is a violation of the exclusive rights attached to a registered trademark without the authorisation of the trademark owner or any licensee. Infringement may occur when one party, the infringer, uses a trademark which is identical or confusingly similar to a trademark owned by another party in relation to products or services which are identical or similar to those which the registration covers.

Conclusion

Considering the advantageous position which LLP beholds with itself, we come to a conclusion that if you plan to start a business by way of a Limited Liability Partnership (LLP), you must consider an option to have registered trademark for your organisation in order to position yourself in this competitive world. Owing to online verification and visibility of Brand it has multiple benefits since it can avoid various malpractices, like unauthorised usage of brand and products of any kind. It also helps in generating the goodwill of the organisation which is considered as essential ingredients to run a business for long run.