Trademark registration provides statutory protection against unauthorized use of the product. A trademark includes a name, logo, tagline, logo, etc. that serve to differentiate products and services. The type of sale belongs to the person registered in their name. Now a question arises as to who can apply for online registration in India.
Under the trademark law, anyone can apply for a trademark. It does not prevent anyone from applying. The trademark law divides applicants into different categories. It further divides the applicant into the following categories.
A distinct individual working together can apply for trademark enlistment on his/her name. It isn’t compulsory to have a firm/element for trademark enrollment. In addition, the ownership firm doesn’t have its own character. Consequently, the trademark application can’t be recorded for the sake of an ownership firm. An owner can document in his/her name as it were.
A startup implies an element which is registered under Startup India Scheme. It is an administration activity to advance new businesses. Just a qualified substance can be registered under this plan. It might be a Company, LLP and Registered Partnership Firm. The advantage is that such substances can profit half discount in the trademark application charges.
The elements which are registered under Micro Small and Medium Enterprises (MSME) Act are considered as little undertakings. Such endeavors can likewise profit a half discount in the expense for trademark application. The trademark application charge for an individual or restrictive firm is as of now sponsored henceforth, an exclusive firm register under MSME can’t profit the further advantage of half refund.
A wide range of substances which are not portrayed above will fall under this classification. Such elements need to pay ordinary expenses for a trademark application.
The candidates are sub-sorted as under :
An individual working for an ownership firm can apply under a “single firm”. The trademark application will be for the sake of a person. In any case, in the application one can give the name of the firm in the field “Exchanging as”.
An organization firm is anything but a different legitimate element however a trademark can be applied in its name. The names of the considerable number of accomplices must be referenced in the application. Consequently, the trademark will be claimed by all the accomplices under the name of the association firm. Be that as it may, an individual accomplice doesn’t have a select option to sell the trademark.
On the off chance that the trademark is to be registered for the sake of a LLP, at that point the application will be documented in its name. A LLP needs to pass a goal to take the assent of the considerable number of accomplices or as referenced in the LLP understanding for trademark enrollment. The trademark will have a place with the LLP and not to its accomplices as a LLP is a different legitimate element.
Any type of organization whether it has done a pvt ltd organization enlistment or registered as a constrained organization, open restricted organization or an even an OPC. All can apply for trademark enrollment by passing a board goal. An organization is possessed by its investors however oversaw by its chiefs. Thus, the chiefs can record the trademark application for the benefit of the organization. An organization can appreciate the advantages of trademark enlistment until it is disintegrated and recharged intermittently.
Relationship of Persons
At the point when at least two people hold hands together with a typical goal for a particular span is known as a relationship of people. Such people can document a trademark application under the class of relationship of people.
An administration division can record the trademark application for a brand possessed by the legislature.
A HUF can record a trademark application for the sake of Karta.
At least two people or people can apply for a trademark mutually by choosing a joint application. Both the people can utilize the trademark in the wake of documenting a joint application.
A general public registered under the Societies Registration Act can apply for a trademark. An administrator of the general public with the assent of the individuals can record the application.
A registered trust can likewise apply for a trademark through the trustee/secretary.
Any organization registered under an outside nation can apply for trademark enlistment in India. There must be at any rate one locaton of an outside nation in India to get all the interchanges.
A wide range of people can apply for trademark enrollment. The expenses vary for various classifications. Consequently, while documenting trademark application one must choose the correct classification. For people, new businesses and MSME’s candidate, the administration expenses are Rs. 4500/ – and for others Rs. 9000/ – .