+91 7305 345 345Trademark Registration for LLP
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Starting an LLP and need brand protection? Kanakkupillai manages the entire trademark registration process, from conducting searches and selecting the right classes to filing applications and obtaining your registration certificate. We are here to ensure your brand is fully protected and legally recognized.
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Trademark Registration for a Limited Liability Partnership (LLP)
For a Limited Liability Partnership (LLP), a trademark helps protect its brand. A trademark can be your LLP’s name, logo, or design that sets it apart from others. Though registration of a trademark is not compulsory under the TradeMarks Act, 1999, doing so gives your LLP a legal right to use the mark exclusively and stops others from using your brand without permission. Trademark registration also stops others from copying your brand. A registered trademark helps customers trust your business, makes your company look more professional, and adds real value to your LLP. In India, the process of registering a trademark for an LLP is simple and can be done online or at the Trademark Office.
What is a Trademark?
A trademark is a special symbol, design, name, or combination of both that is used to identify a product pr a service from the rest of others. A Trademark helps in distinguishing. In India, trademarks are regulated by the Trade Marks Act, 1999. The authority responsible for processing trademark applications is the Controller General of Patents, Designs and Trade Marks (CGPDTM).
Benefits of Registering a Trademark for LLP
- After registration, the partnership firm gets the exclusive right to use the trademark, and no one else can use it without the firm’s approval.
- A registered trademark is legally protected all over India.
- A registered mark enhances the reputation of the firm in the market.
- A trademark registered in India can also be used to apply for trademark registration in other countries.
- A trademark becomes an intellectual property right (IPR) for your firm, which adds value.
- Customers trust the brands that have a trademark registered more than the non-registered brands.
- If the partnership firm expands into new markets, launches new products, or even converts into an LLP or company later, a registered trademark stays the same.
Eligibility Criteria to Apply for Trademark Registration for LLP
- The LLP must be registered in India.
- The trademark must be unique, new, different, and original, such that it is capable of identifying the goods or services from the rest.
- The trademark must not be a generic or commonly used term in the market. For example, the word “bag” will not be trademarked.
- The trademark should not be the same as or too similar to any existing registered trademark.
- The trademark should either already be used for your LLP’s goods or services, or you should intend to use it in the future.
- The trademark must follow the rules of the Trade Marks Act, 1999 and must not include anything that is prohibited by law.
- The application should be submitted under the correct class that matches the type of goods or services.
- Only the LLP’s Designated Partner can file the application, or an authorized person with proper permission.
- If the application is filed by the authorised signatory or a trademark agent/attorney, attach the Form-48.
Documents Required for the Trademark Registration for LLP
1. Documents for the LLP
- Certificate of Incorporation of the LLP.
- LLP PAN Card
- GST registration certificate (if exists).
- MSME/Udyam certificate (if registered).
- Electricity bill, telephone bill, rent agreement, lease agreement or property tax receipt of the principal place of business of the firm.
2. Identity and Address Proof of the Designated Partner or the Authorised Signatory
- Aadhaar Card / Passport / Voter ID / Driving License
- PAN card
- A Recent utility bill, bank statement, or rent agreement, lease agreement or sale deed (if any)
3. Documents for Trademark Application
- Logo/Wordmark of Trademark in JPEG format
- Description of goods/services linked to the trademark class.
- If the trademark is already being used, mention the date it was first used. Attach the proof, like invoices, product packaging, advertisements, or screenshots from your website.
- If you are filing the application through a trademark agent or attorney, attach Form TM-48 (Power of Attorney). The form must be signed by the partners of the LLP.
- Board/Partner Resolution authorizing the Designated Partner or authorized signatory to file the trademark application on behalf of the LLP.
Online Process of Trademark Registration for LLP
1. Conduct a Trademark Search on the IP India portal to check whether your trademark is registered or not.
2. Trademarks are categorised into 45 classes based on the type of goods or services. Identify the class(es) that represent your mark.
3. Draft and prepare the Trademark application. In the application, make sure you include:
- Brand name and a clear name image of the trademark
- Details of all the partners, including name, address, nationality, and legal status of the applicant
- Goods or services associated with the trademark.
- Description of the trademark
- Date of first use of the trademark, if applicable
4. File the trademark application, select the “LLP” as your applicant type, upload the necessary documents, and submit it online.
5. Pay the application fees. The government fee for filing a trademark online is ₹9,000 per class of goods or services. If you choose to file in person, the fee is ₹10,000 per class..
6. Once you submit the application, the Trademark Office will examine the application. If there are any objections, you have to respond to them within 30 days.
7. Once the examination is complete, your application will be published in the Trademark Journal for 4 months to allow others to oppose the trademark registration.
8. If no objections are raised, or if they are resolved in your favour, the trademark is officially registered. You will receive a Registration Certificate, and your LLP can use the ® symbol to show it is legally protected.
Validity and Renewal of Trademark
A registered trademark is valid for 10 years from the date of application. You can renew it indefinitely, in 10-year periods, to keep your rights active.
Renewal Process
- File Form TM-R with the Trademark Registry and pay the prescribed fee. Submit the renewal application before the expiry date. A grace period of 12 months after expiry is granted, subject to additional fees.
Documents Required
- Original Trademark Registration Certificate
- Identity proof of the applicant/partners
- Power of Attorney (Form TM-48), if the renewal is being filed through a trademark agent or attorney
- Once the Trademark is renewed, it will remain valid for another 10 years.
Why Choose Kanakkupillai for Trademark Registration?
Registering a trademark can seem complicated, as there are forms to fill out, classes to select, documents to prepare, and timelines to follow. Kanakkupillai provide end-to-end support to make the process smooth, reliable, and hassle-free. We provide:
- Complete guidance: From trademark search to final registration, we guide you every step of the way.
- Expert team: Our professionals understand the legal nuances and ensure that your trademark is filed correctly.
- Accurate class selection: We help you identify the right classes for your goods or services to secure full protection.
- Document preparation assistance: No more confusion about identity proof, business proof, or trademark representation.
- Affordable & transparent pricing: No hidden charges, only transparent fees!
- Timely updates: We keep you informed at every stage, from examination to the issuance of your registration certificate.
- Post-Registration support: We assist with trademark opposition and renewal applications.
Frequently Asked Questions
Can an LLP file for multiple trademarks at the same time?
Yes, an LLP can file separate applications for multiple trademarks, each under its relevant class.What is the difference between ™ and ® symbols for an LLP?
The ™ symbol can be used once the trademark is filed, while the ® symbol is used only after official registration.How can an LLP protect its trademark in other countries?
A registered Indian trademark can serve as a basis for international registration under treaties like the Madrid Protocol or through individual country applications.Can an LLP register a trademark for a future product or service?
Yes, the LLP can file a trademark for goods or services it intends to use in the future, as long as it specifies intent-to-use in the application.What happens if someone opposes my LLP’s trademark?
If opposition is filed, the LLP can respond within the given time. The Trademark Office decides based on merits, and the trademark may still get registered if the LLP’s response is satisfactory.Can an LLP sell or license a registered trademark?
Yes, a registered trademark is an intellectual property asset. The LLP can license, franchise, or even sell it as part of its business.What makes Us Different
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