+91 7305 345 345Trademark Registration for Partnership Firm
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Running a partnership firm and want to secure your brand? Kanakkupillai provides complete trademark registration services for partnership businesses, including trademark search, filing, class selection, and post-registration support. Get your brand protected across India without worrying about complexities. Trust our experts to manage the process from start to finish!
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Trademark Registration for a Partnership Firm
For a partnership firm, building a unique brand is just as important as running the business. A trademark helps in protecting the logo and name of the firm. It helps in distinguishing it from the rest of the others in the market. Registering a trademark is not compulsory in India under the Trademark Act, 1999. But registration gives the firm exclusive rights over its brand. If anyone wants to use the name/logo/design of the firm, they have to take prior approval. Trademark registration allows the firm to take legal action against the unauthorised use. It also helps in creating trust among customers, as customers prefer to choose businesses that have a registered trademark. The process for trademark registration for a partnership firm in India is easy. It can be completed either online or in person at the appropriate office of the Controller General of Patents, Designs and Trademarks.
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 Trademarks (CGPDTM).
Benefits of Registering a Trademark for a Partnership Firm
- 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 partnership 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 for Trademark Registration for a Partnership Firm
- The partnership firm 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 must either be already in use for your goods or services, or you should plan to use it in the future.
- The trademark must comply with the Trade Marks Act, 1999 and should not contain anything that is prohibited under the law.
- The trademark application must be filed under the correct class, depending on the type of goods or services.
Documents Required for Trademark Registration for a Partnership Firm
1. Documents for the Partnership Firm
- Partnership deed (to prove the existence of the firm and details of partners.
- PAN card of the partnership firm.
- 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 Partners
- PAN card of all partners.
- Aadhaar Card / Passport / Voter ID / Driving License of all the partners.
- 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
- Detailed description of goods/services linked to the trademark class.
- Date of first use (if the trademark is already in use). Collect the supporting documents, such as invoices, packaging, advertisements, with proof such as invoices, packaging, ads, or website screenshots.
- Form TM-48 (Power of Attorney) signed by the partners, if the application is filed through a trademark agent or attorney.
Online Process of Trademark Registration for Partnership Firm
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 ‘Partnership Firm’ as your applicant type, upload the necessary documents, and submit it online.
5. Pay the application fees. The government fee for filing an online application is ₹9,000 per class of goods or services. If you are filing the application in person, the fee is ₹10,000/-.
6. Once you submit, the Trademark Office will examine the application. If there are any objections, you have to respond to the application within 30 days.
7. After examination, your application will be published in the Trademark Journal for 4 months to allow others to oppose the trademark registration.
8. If no opposition is filed or if the opposition is resolved in your favour, your trademark is registered.
9. You will receive a Registration Certificate for your trademark. After registration, you can use the ® symbol with your trademark.
Validity and Renewal of Trademark
Once your trademark is registered, it shall be valid for 10 years from the date of application. You can renew your trademark indefinitely for a lifetime.
Renewal Process
- Form TM-R: To renew a trademark, the applicant must file Form TM-R with the prescribed government fee. This should be done before the expiry date of the trademark. A grace period of 12 months after expiry is also available, subject to payment of 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 for a partnership firm can seem complicated, as it involves filling out forms, selecting classes, preparing documents, and adhering to timelines. 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
Is it mandatory for a partnership firm to register a trademark in India?
No, it is not mandatory under the Trade Marks Act, 1999, but registration is strongly recommended. An unregistered trademark may be difficult to protect legally, whereas a registered trademark gives the firm exclusive rights.Can a partnership firm apply for a trademark in its own name?
Yes. A partnership firm can apply in its registered name. However, the application must disclose the names of all partners (up to 10 partners) as required under Indian trademark law.What classes should a partnership firm choose for trademark registration?
Trademark classes depend on the nature of goods or services offered by the firm. India follows a classification system with 45 classes, with Classes 1 to 34 for goods and Classes 35 to 45 for services.Can a partnership firm register both a wordmark and a logo together?
Yes. A firm can apply for multiple forms of a trademark, such as a wordmark, logo, tagline, or a combination of these. It is often recommended to file separate applications for the wordmark and logo to enjoy wider protection.Can a registered trademark of a partnership firm be transferred or franchised?
Yes. A registered trademark is an intellectual property asset. A partnership firm can assign, sell, or license its trademark to third parties, generating revenue and expanding its business reach.What makes Us Different
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