An Overview on Trademark Registration for Partnership Firms

Ashish M. Shaji

22 Oct, 2021

The importance of trademark registration has only grown in the last few years as businesses seek to protect their brand identity from infringement. Many companies, proprietorships, and firms opt for registration of trademark as it helps them to focus on marketing. In this article, we shall look at Trademark registration for partnership firms. The application for trademark registration goes through several stages in case of partnership firms.

What do you mean by Trademark Registration?

A trademark is a word, image, or symbol used by a business to distinguish itself from its competitors. Such a logo or symbol, or image becomes the business brand’s identity, thereby becoming valuable to the company.  Everything from company’s name to logo may be considered a trademark.

By getting the trademark registered, companies ensure that the name and symbols remain exclusive to them. It prevents others from using the same name, logo or symbol and tricking customers. Therefore trademark registration is as essential as anything in today’s competitive business environment, which helps firms and companies to maintain brand identity.

What are Partnership Firms?

A person who has entered into partnership with another to do business are individually called as Partners and collectively Partnership Firm. Partnership firms are governed in India by the Indian Partnership Act, 1932^[1]. Section 4 of the Indian Partnership Act defines partnership as the relation between persons who have agreed to share business profits carried on by all or any of them acting for all.

It may be noted that a partnership firm is not separate legal entity distinct from its members. It is a collective name given to individuals composing the firm. Such a firm cannot possess property or employ servants. It also cannot be a debtor or a creditor. 

What is the significance of Trademark registration for partnership firms?

The significance of Trademark registration for partnership firms can be deduced from the following points:

• It allows businesses to distinguish themselves from their competitors easily;
• With trademark registration, a mark can become an asset for the company;
• It also provides legal protection and prevents misuse and copying of your mark;
• It grants the owner of the trademark the exclusive nationwide ownership of the mark;
• It helps you to stand apart in the midst of your competitors, thus making it relatively easy to market your products and make the most of the brand;
• It enhances the business value and goodwill in the Indian market; and
• It assists you in expanding your business to global levels.

Filing application for Trademark Registration

Any legal entity or individual may file an application for Trademark Registration therefore, it’s not necessary to own a company or be a business entity to file an application for Trademark Registration in India. Moreover, individuals or business entity may also file application for trademark that they wish to use in future.

According to Indian law, the following entities may file for Trademark Registration:

• Sole proprietorship;
• Partnership Firms;
• LLPs;
• Private or Public Limited Companies;
• Individuals or private persons;
• Societies or trusts; and
• Joint owners of a company.

Essential points to know regarding Trademark Registration for Partnership Firms

There are some essential points that one should know before opting for Trademark registration for partnership firms:

• Such registration shall remain valid for a period of ten years for partnership firms since the date of application. The owner of the trademark also has the option to renew the application so as to enjoy continued exclusivity.
• An applicant can start using the ™ symbol alongside their name, symbol or logo once they file a trademark application. This symbol indicates that your business has filed an application for trademark and is waiting for approval.
•  When a business receives the trademark registration certificate, then it can use the ® symbol. This symbol indicates that the name, logo, or the brand has been registered.
• When you file for Trademark Registration for Partnership Firms, it might take around six to twelve months time to receive approval. This time may vary as per objection or opposition, if any.

Process to Register a Trademark

The procedure to register a trademark is explained below.

• Select a unique and distinctive mark that will represent the company;
• Consult a legal expert to know which trademark class the trademark belongs to;
• The applicant shall then do an online search to know whether the chosen mark is similar to an existing registered mark or not. This is done to prevent infringement and opposition later on;
• Once the applicant find his mark unique, then he may apply for registration of trademark under a class or under multiple classes;
• Next step involves the trademark registrar who checks and verifies the information provided by you and also check if the mark applied for doesn’t infringe an already existing mark;
• After preliminary verification, the registrar shall publish the mark in Indian Trademark Journal. After that, if there is no opposition within 3 months, the mark shall be approved, and the applicant receives the trademark registration certificate; and
• However, in case an opposition arises, the applicant will have to go through the formal procedure.

Documents for Trademark Registration of a Partnership Firm

For partnership firms, the following documents are required:

• Copy of the logo;
• Partnership Deed;
• ID proof and address proof of the signatory; and
• Signed authorization form.

Conclusion

There are numerous benefits of getting Trademark Registration for Partnership Firms. It differentiates your product, gives you exclusive right and also establishes trust and goodwill among customers. The above mentioned information is valuable for partnership firms looking for trademark registration. However, as you would know, this can be a long and tricky process. Therefore you may require the assistance of a professional in filing the trademark application and for answering other related queries.

Read our article:Trademark Transfer Process in India