+91 7305 345 345Trademark Registration for Proprietorship
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Looking to protect your brand as a sole proprietor? Kanakkupillai is here to help you with everything. From trademark search and class selection to filing, registration, and compliance, with our expert guidance, your brand will be legally secured, allowing you to focus on growing your business. We make trademark registration hassle-free and straightforward.
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Trademark Registration for Proprietorship
Starting a business as a sole proprietor is a significant and exciting choice to make. It allows you to get full control over the business. One day, you do not want somebody to come and claim your brand name. That’s why protecting your business is important. In India, you can get your brand name, logo, or design trademarked. Once you have your brand trademarked, you can use your brand name exclusively and license it for various purposes to generate revenue. Trademark registration for a Proprietorship Firm enhances the credibility of the brand, making your business more popular and trustworthy in the eyes of consumers. Trademark registration in India is easy and 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. Trademarks in India are governed under the Trademarks Act, 1999, and trademark registrations are handled by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
NOTE: The Trademarks Act, 1999, does not mandate the registration of trademarks in India, but registration provides the trademark owner with legal protection.
Why Should a Sole Proprietor Register a Trademark?
A registered trademark has the following benefits:
- A registered trademark provides legal rights to you to use the mark exclusively.
- Registering the trademark increases brand value.
- Only the registered owner of the trademark can use the trademark and ® mark in relation to their goods/services.
- A registered trademark can generate money through licensing and assignment.
- A trademark registered in India serves as the basis for international trademark registration.
- Registered owners of the trademark have the right to sue for damages and injunctions in case of unauthorised use of the mark.
Eligibility for Trademark Registration
- The trademark must be distinctive and capable of identifying the goods or services from the rest.
- The trademark (whether a word, logo, design, or combination) should be unique and original.
- The trademark must not be a generic or commonly used term, such as “bag”.
- The trademark must not conflict with any existing registered trademarks.
- A trademark must not be identical or substantially similar to a registered trademark.
- The trademark should either be in actual use in connection with goods/services or intended for future use.
- The trademark must comply with the Trade Marks Act, 1999 and should not fall under any prohibited categories.
- Trademarks must be registered under the correct class based on the nature of the goods or services.
- The trademark application must be filed in your name, not in the name of the business.
Documents Required for Trademark Registration for a Proprietorship Firm
You need the following documents to apply for trademark registration:
- PAN card, Aadhaar Card, passport, or voter ID of the applicant
- Proof of business address - Utility bill and bank statements (for 6 months)
- Proof of business registration, GST registration, MSME/Udyam certificate, or shop license.
- Clear description of goods/services for which the trademark is applied in the JPEG format.
- Form TM-48 is the Power of Attorney required if filing through an agent.
Process of Trademark Registration for a Sole Proprietorship
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 aa nd clear name image of the trademark
- Details of the applicant, 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 and choose ‘Proprietor’ as your applicant type, upload the necessary documents, and submit it online.
5. Pay the application fees. The government fee for filing is ₹4,500 per class of goods or services.
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 life by filing a renewal application with the Trademark Registry.
Renewal Process
- Form TM-R: File the form with the prescribed fee before expiry or within a grace period of one year.
- Required documents: Registration certificate, power of attorney (if filed through an agent), and identity proof.
Why Choose Kanakkupillai for Trademark Registration?
Registering a trademark can seem complicated for a sole proprietor, 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 at every step.
- Expert team: Our professionals understand the legal nuances and ensure your trademark is correctly filed.
- 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 registration certificate.
- Post-registration support: We assist with trademark opposition and renewal applications.
Frequently Asked Questions
What is a trademark, and why is it important for a sole proprietor?
A trademark is a unique symbol, word, or logo that distinguishes your goods/services. It protects your brand, builds trust, and prevents others from copying it.Can I register a trademark as a sole proprietor?
Yes. Sole proprietors in India can register trademarks in their name or their business name.What documents do I need to register a trademark as a proprietor?
Identity proof (PAN/Aadhaar), address proof, business proof (GST/MSME certificate), logo/brand image, and Form TM-48 if filing through an agent.Do I need to conduct a trademark search before applying?
Yes, a search ensures your desired mark isn’t already registered, reducing the risk of rejection.What are trademark classes, and how do I choose the right one?
Trademarks are classified based on goods (Classes 1-34) or services (Classes 35-45). Select classes that cover your business activities to ensure complete protection.What makes Us Different
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