How Do I know, If I am eligible for a Trademark

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Apply Trademark Registration Online protects your unique brand name or logo. In fact, any individual, business or organization can obtain a trademark. Now you may have this thought how do you know if you are eligible for a trademark.



Eligible owners and firms for trademark registration:

Here is a list to know if you are eligible for Trademark Registration:

Individual

Anyone who is not doing a business can apply to register a trademark. They can register a trademark for a word or symbol that they will use in future. Most importantly, they ask for a full name to submit a trademark application.

Joint proprietors

The application must include the names of both persons deciding to file a mark application together.

Proprietorship

State the full name of the owner when applying for a trademark. The business name is not accepted for registering a trademark application because the companies are not considered separate legal entities. The company name may be added to the individual applicant's name as an addition.

Partnership Company

 A partner can file for the registration of trademarks. All the partner's names must include in the appeal. This is because the law does not treat partnerships as individual legal entities. 

Limited Liability Partnership (LLP)

 The trademark application must be in the company's name for registration as an LLP is an incorporated organisation and has its individual identity. The partner can't be the appellant, but an LLP still holds a trademark.

Indian Company

A trademark registration application of an Indian company is on behalf of a Pvt Ltd Company or OPC or a limited company. A company is a corporate body that has its identification. Therefore, a company's director can't be an applicant. The application is still acknowledged and presented by the authorised officer or the Director of the company.

Foreign Company

A registration request of a foreign entity is in the name of the company as registered in the foreign country. Also, the company's nature, incorporation country and the following law under which the enterprise is registering shall be mentioned in the application. If the foreign company has no headquarters in India, mention the applicant's address for any govt. service in India.

Trust/NGO

 A trust or NGO may register for trademarks. File the application for a trademark only on behalf of a trust/NGO. The application either has the name of the Managing Trustee, CEO or the Secretary of the trust/society.

 

Important points to know if you are eligible for a trademark

  • Each individual or business has different rules and terms when filing a trademark application. 
  • Moreover, you can exclusively use your trademark concerning the class of goods and services after registering in the Trademark Journal. Thus, to find the suitable trademark class for your goods or service, use the trademark class search tool.
  • Also, anyone claiming to be the trademark owner can write to the trademark authority to apply for it. Besides, the appeal should include the trademark, name and address of the claimant and attorney. 

In the end, after filling the application with the details, submit it personally at the Front desk of the particular office.

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