Trademark registration for Partnership Firm

Trademark is a unique sign or symbol such as word, numerals, picture, design, logo, shape, etc. used by business organizations to differentiate their products or services from other companies. Rights associated with these Trademarks are governed and protected by the Trademark Act, 1999. Once registered, Trademarks become the Intellectual Property for a business and hence such Intellectual Property are protected from Infringement.

Registering a Trademark protect business organization from infringement and copying or misrepresenting a Trademark by others. Companies can Trademark any word, logo, symbol, color, design, number, letter, etc. or any combination of them. ‘R’ symbol can be issued after registration of Trademark.

What is Trademark registration for Partnership Firm and why it is important?

Trademark registry is the governing body which frames all the rules and regulations related to Trademark law and also implements the same. Registry of Trademark registers the same and shall issue Trademark registration certificate after all the requirements have been duly complied with and such Trademarks are registered under the Trademark Act, 1999. Such registration can be valid for a period of 10 years and it can be further extended for another period of 10 years. Further, renewal of Trademark can be done at indefinite times.           

Any individual, partnership firm, LLP or a company can file an application for registering a Trademark. It provides a legal right against the third party in case of any infringement of Trademark. An exclusive right can be enjoyed by the owner to use such registered Trademark over its products and services.

Registration of Trademark is important for Partnership Firm as it helps firm to develop their business and it protects the interest of Partners as well as consumers. Registration creates a positive impact in the minds of consumers about their product or service. By registering a Trademark partners of the firm acquire right to use such trademark or can distribute or assign it.

Benefits of Trademark Registration for Partnership Firm

Trademarks make the product marketable, creates a brand for the product and also distinguish the products and services from competitors. Various advantages of Trademark registration are as follows:

• Legal protection– By registering a trademark, one can easily protect the Trademark from infringement. It also provides a right to use the Trademark exclusively. If any person tries to infringe the trademark, then Partnership Firm can seek relief against such infringement if such trademark is registered.
• Differentiation of product– Trademarks ensures differentiation of the product and services of the owner from that of its competitor and helps consumers in easy identification of products and hence creates a base for the brand.
• Asset creation– Trademarks are the intangible assets for the business organizations and it also creates a value with itself and hence can be sold, franchised or assigned like an ordinary intangible asset. Cost of trademark can be recognized in the books of accounts and depreciation can also be claimed.
• Creates goodwill of the business– The Registered Trademark enhance the value of the business and creates goodwill and net worth. It also contributes to the growth of the business organizations.
• Expansion of business– A Trademark creates a connection between the consumers and products and it also develop a customer base which leads to introduction of new products and expansion of business.

Types of Trademarks that can be registered for Partnership firm

There are various Trademark that can be registered such as:

• Word Mark– Most Common Trademarks that are registered in India is ‘Word Mark’. These Trademarks are used to differentiate the product or service of one company to another. It helps in identification of the name of the Brand.
• Service mark– These Trademarks are used by the business to distinguish its service from others. It helps to represents a service and falls under Trademark class 35-45. For example, McDonald’s has a service marks as the company provides food and restaurant services.
• Collective mark– These Trademark are not associated with particular product or service rather it is associated with group of individuals. This type of Trademark is used by business organization to represent themselves as one. For example, Company Secretary can use ‘CS’ which denotes that he/she is the registered member of ICSI.
• Certification mark– Specific quality standards are shown by use of this mark known as Certification mark. This mark ensures public that accurate and appropriate standards have been met by particular goods and services of the company. For example, FSSAI mark ensures the quality of food products.
• Shape mark– Some businesses which have distinguished shape of their goods or packaging may trademark their shape of the product. But such product must have a distinctive feature. For example, any three dimensional or unique shape of a bottle of soft drinks,
• Pattern mark– Such goods or services which have different and well distinguished pattern for their identification may registered their pattern under Pattern mark. It can be registered only when such pattern has the ability to distinguish itself from other brands.
• Sound Mark– Nowadays, sound in the advertisement plays an important role in attracting consumers and help them to identify the product easily through this advertisement. Hence, the sound used can be registered as sound mark. For example, ringtone of Nokia Mobile, etc.

Documents required by Partnership Firm for Trademark Registration

Government have simplified the procedure for Trademark registration in India which helps owners to easily apply for Trademark for their product or services. The documents that are required by partnership firms for registration are as follows:

• Copy of the Logo which is optional
• Form 48 which must be duly signed by the entrepreneur which authorizes Trademark attorney to file Trademark application on behalf of Applicant.
• Udyog Aadhar registration certificate issued to MSMEs to avail certain benefits
• Partnership deed of the Partnership firm
• Copy of Applicant’s identity proof such as passport, Aadhar card, PAN card, etc.
• Copy of Applicant’s Address proof such as utility bills
• Fees levied on small enterprises shall be Rs. 4500 whereas for any other fees applicable shall be Rs. 9500.

Steps involved in registering a Trademark for Partnership Firm

Following are the steps involved in registering a Trademark for Partnership Firm:

• There are various types of Trademarks available hence applicants have a variety of option to choose a trademark. Therefore, to choose a trademark one must carry out a search on the trademark which is available with the registry and such Trademark must be unique and does not match with any other Trademarks.
• An applicant shall file a trademark application in form TM-A either through online website or physically at Trademark office. Such application shall be accompanied with supportive documents such as complete details of applicant and type of Trademark that needs to be registered.
• The governing authority shall examine the application of Trademark registration and shall issue examination report within a period of 30 days of filing registration and the reply to this report (if required) shall be made by the applicant within 30 days of receiving the report.
• The Trademark authority either accept or reject the application after hearing the examiner and shall forward the application for publication in journal if examiner is satisfied with the authenticity of application.
• The Trademark is published in the Trademark Journal for a period of 4 months to invite the opposition of general public regarding registration of Trademark for Partnership Firm.
• Any general public who is aggrieved with published Trademark, shall file a notice to oppose such registration in Form TM-O within a period of 4 months of publication in journal. If Trademark is objected then procedure of law has to be complied with such as filing evidence, counter statement as well as hearing.
• After overcoming all objections, the application of registration shall be processed further and hence certificate of registration shall be generated within 1 week which is valid for a period of 10 years.

Wrapping up

Trademarks are considered as a vital feature of Intellectual Property for the Partnership Firms hence its protection is also considered as an essential aspect. Protection of this asset of the owner is possible only when it is registered. Registration of Trademarks by Partnership Firms helps them to protect itself from infringement and also creates goodwill and brand image in the market. By Registration, Partnership firms can easily differentiate their product from other products of similar nature of different businesses. The registration is not compulsory from the law point of view but it is necessary to have a Trademark registration from protection point of view.