The protection of distinctive names, slogans, and coined words belonging to a person or company is frequently achieved through trademark registrations. Thus, anyone can register a trademark, including private individuals, companies, and nonprofit organizations. However, there are distinct standards for each category of people or entities when submitting a trademark application. We examine some of the prerequisites for submitting a trademark application based on the applicant type in this post.
An Individual (Person)
A person who is not currently engaged in business is also qualified to submit a trademark application and get tm registration in india for a phrase or symbol that they intend to use in the future. The applicant’s entire name must be included when filing a trademark application as an individual.
When two people decide to file a trademark application jointly, both people’s names must be listed on the trademark application.
If a sole proprietorship company files a trademark application, the application must include the Proprietor’s complete name. An individual’s name cannot be their company name or proprietorship name. This is due to the fact that a proprietorship name or business name is more akin to an alias for the actual person and that proprietorship enterprises are not distinct legal entities. However, this information will be recorded separately if a proprietorship name or business name is given on the application in addition to the name of an individual applicant.
“Vikas Kumar, an Indian National doing business as G3 Enterprises,” for instance.
The names of all the partners must essentially be listed in an application submitted by a partnership firm if a trademark application is being made. The names of all Partners must be listed in the trademark application because partnership firms are not regarded as independent legal entities. The name of the guardian who will be representing the minor should also be mentioned if the partnership firm has a minor in the partnership.
Example: M/s. Vikas Kumar, Abhishek Kumar, and Dipti Prakash. According to the Indian Partnership Act of 1932, G3 Enterprises is a registered Indian partnership firm.
Limited Liability Partnership
If a Limited Liability Partnership applies for a trademark, the application for registration must be submitted under the name of the LLP. A LLP has its own identity because it is an incorporated body. As a result, the applicant cannot be the Partner alone; an LLP must own the trademark.
A LLP incorporated in India under the 2013 Limited Liability Partnership Act is G3 Industries LLP.
If a private limited company, one-person business, or limited corporation applies to register a trademark, the application must be filed under the firm’s name. A director of the company cannot be the applicant since a corporation has its own identity independent of its directors, yet the application may be signed and submitted by any officer designated by the corporation because it is an incorporated organization.
For instance, the Indian Companies Act 2013 was used to register G3 Industries Private Limited as a business.
When a foreign corporation applies for a trademark registration in India, it must do so under its own corporate name as it is registered in the foreign nation. It is necessary to identify the type of registration, the nation in which the company was founded, and the legal framework for registration. The applicant’s address for service in India should be specified in the application if the foreign company does not have its major place of business there.
Using the Florida Revised Limited Liability Company Act as an example, G3 Media LLC is a limited liability company registered in the state of Florida, United States of America.
Trust or Society
The name of the Managing Trustee, Chairman, or Secretary who is representing a Trust or Society should be provided if a trademark application is lodged on their behalf.
G3 Trust is an example of a trust that was registered in India in accordance with the Indian Trust Act of 1882. Mr. Vikas Kumar serves as the managing trustee for the trust.
G3 Society, a society registered in India under the Maharashtra Co-operative Societies Act, was represented by Mr. Vikas Kumar as its secretary.