Who can Register a Trademark?

By Trademark Bazaar - 18th September 2017

Who can Register a Trademark?

Registering a trademark helps the holder to enjoy the exclusive rights over the trademark and protect it from being exploited. Trademark registration can be obtained by individuals, partnership, proprietorship, NPO, Joint owners etc.  

Trademark registration can be sought by various categories of people who desire to protect their name, logo etc from being copied. The process for registering a trademark for every entity is similar however the requirements for each of them are different.

Following categories of persons or entities can get the trademark registration -  

1) An individual person

An individual can apply for trademark registration if he desires to acquire the exclusive usage rights in respect of a word, symbol.

2) Joint owners Firm

Two persons jointly can apply for obtaining a trademark registration. Further when joint owners desire to get trademark registration then the names of both persons shall be mentioned on the trademark application.

3) Partnership Firm

A trademark registration can be obtained by the partnership firm. As the partnership firm and the partners are considered as the single entity the name of all the partners are required to be mentioned on trademark registration application.

4) Limited Liability Partnership

LLP being, a separate legal entity is required to obtain the Trademark registration in its own name. The registered trademark will belong to the LLP and not the members.

5) Indian Company

Any form of the company like the private limited company, public limited company, one person company  etc can register a trademark. Further, as the company is the separate legal identity of its member the trademark will be registered in its own name rather than the name of the director.

6) Foreign Company

A foreign company can also obtain trademark registration in India in its own corporate name as registered in the foreign country. In the trademark registration application country of incorporation of the foreign company and the law under which such company is registered shall be mentioned. Further, in case the foreign company does not have a principal place of business in India then the applicant’s address for service in India should be mentioned in the application.

7) Trust or society

A trust or society can also make an application to get trademark registration.   

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