Every business looks to safeguard its brand against unauthorized brand use. This is possible if they get a trademark which includes a term, emblem, tagline, icon, etc. that differentiate between goods and services. The trademark is the name of the individual it is registered in. The question now arises as to who can apply for registration of trademarks online in India.
Anyone may apply for a trademark registration in India under the Trademark Law. This does not preclude others from applying as all applicants are categorized into different categories.
The applicant is widely classified in the following types.
Individual/Sole Proprietor
A business person may request the registration of a mark under his / her name. A company/entity for registration of trademarks is not mandatory. Furthermore, the company has no identity of its own. The application for the mark can not, therefore, be filed on behalf of a proprietorship company. A sole proprietor can register for the trademark registration under his/her name without any hassle of creating a business entity in such cases.
Body Corporate
A Board Resolution can be submitted for trademark registration in any type of company, whether a private limited company or a public limited company or an OPC. The shareholders of a company are owned by, but their managers manage. The managers may, therefore, on behalf of the company, submit a trademark application. Until it is dissolved and renewed periodically, a company can enjoy the benefits of registration.
Startup
A startup is a company registered under Startup India Scheme. This is an initiative of the government to help startups. This scheme will only require a qualifying individual to register. It may also be a corporation, LLP, and a business registered. The advantage is that the trademark application fees can be reduced by 50 percent.
Small Enterprise
Small enterprises are considered to be the companies registered under the Micro Small & Medium Enterprises (MSME) Act. Such companies can also benefit from a 50 % discount on the trademark application fee. Therefore, a proprietary registry of companies under MSME can’t benefit from a 50 percent refund in the future by charging trademark application fees for an individual or proprietary company.
Others
This group covers all categories of entities not mentioned above. Those individuals shall pay daily fees for an application for a trademark.
The applicants are sub-categorized as under
– Single Firm
A person who operates a business may apply under “Single Company.” The application for a trademark shall be in the name of an individual. Nevertheless, the app will include the name of the company in the area “Trading as.”
– Partnership Firm
A person who operates a business may apply under “Single Company.” The application for a trademark shall be in the name of an individual. Nevertheless, the application will include the name of the company in the area “Trading as.”
LLP
The application shall be filed in its name if the mark is to be registered on behalf of an LLP. A business having online LLP registration must adopt a consent resolution to register the marks by all partners or as indicated in the LLP agreement. The trademark would be an LLP and not a separate legal entity for its partners.
Society
A registered company may apply for a trademark under the Societies Registration Act. A company chairman may apply with the approval of the members.
Trust
A licensed trust may also apply via the trustee/secretary for a trademark.
Foreign Company
Any company registered under a foreign country may apply for the registration of trademarks in India. At least one address from a foreign country in India must be given for all communications.
Association of Persons
When two or more people join hands together to achieve a common objective for a specific duration, the association of people is known. Such persons may apply for a mark in the category of association of persons.
Government Department
A government department can file the trademark application for a government-owned brand.
HUF
The Karta of HUF is eligible to file the trademark application on behalf of the firm.
Joint Applicant
By selecting a joint application, two or more persons can jointly apply for a mark. After a joint application has been submitted, both people can use the trademark.
Conclusion
All types of persons may apply for registration of a trademark. The fees differ from one category to another. Therefore, one must pick the correct category when filing a trademark application. Government fees are Rs. 4500/- and for others Rs. 9000/- for individuals, startups, and MSME applicants. The application should contain the trademark, the goods/services, the name and address of the applicant and the agent (if any). The request should be in Hindi or English. It should be submitted to the relevant office.
The requests can be sent personally or by post at the headquarters of the respective office. This can also be submitted online through the e-filing portal on the official website.
Registrations of trademarks are widely used for the protection of brand or slogans or coined words unique to a person or entity. The entities that can opt for registration of trademarks are individuals, companies, or non-profit organizations. However, as stated above, each person or entity of a different class has different requirements for filing a trademark application.
