Can a partnership firm register a trademark?
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Can a partnership firm register a trademark?
As per Indian law, the following entities can file a trademark registration application; Joint owners of a company. Sole proprietorships. Partnership firms.
Does a trademark protect a business name?
When the USPTO approves a business name as a registered trademark, the owner has exclusive rights—at the state and federal level—to use the name. A trademark prevents anyone else from selling similar goods and services within the United States under that business name.
Can a partnership firm have a logo?
Partnership / LLP / Company In the case of a partnership firm or LLP, the entrepreneur would have to submit the following: Copy of Logo (Optional) Signed Form-48. Udyog Aadhar Registration Certificate.
What Cannot be protected under trademark law?
Trademark Basics Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.
Who can apply for trademark?
Who is eligible to apply for trademark registration? Any individual or organization can apply for trademark to protect their product or service. The application has to be filed mentioning the trademark, name and address of the applicant along with the agent and Power of Attorney. 1.
How do I trademark a company name in India?
Here’s how you can apply for trademark:
- Decide on your unique brand name and logo.
- Conduct an online search.
- Fill-in the trademark application.
- Filing for the brand name registration application.
- Scrutinizing of your brand name registration application.
- Publication in Indian Trade Mark Journals.
What is protected under trademark law?
(1) A trademark shall protect a sign which may be represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of other undertakings. shall not, under this Law, be considered to be trademarks.
What are the rules for the name of a partnership firm?
This is however subject to the following rules. As per section 58 (3) of the Indian Partnership Act, 1932: A partnership firm should not contain the following words in its name. These include Crown, Emperor, Empire, Empress, Imperial, King, Queen, Royal or other words that indicate sanction or approval by the government.
What is a trademark and what does it protect?
A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures.
What happens if a partner does not register a partnership firm?
However, in case the partners choose not to register the partnership firm, they would not be able to avail the benefits available to registered partnership firms. Section 58 of the Indian Partnership Act, 1932, lays down the provisions for Partnership Registration.
What is the difference between a trademark and a trade name?
Before tackling the issue of protecting a trademark, it’s important to separate trademark from trade name. Although used interchangeably under false pretenses, a trade name is simply a business name. A trademark goes beyond that to identify a particular company’s brand name.