Can I register a Trademark without a Company | All you must Know

 

A trademark is a valuable intangible asset for establishing your company's identity and brand image. Anyone who want to start a business in India are frequently unaware of numerous aspects of trademark and company registration in India. The most common question is can I register a trademark without a company.

We answer some of these issues and provide extra information in this post to assist you in making an informed decision about registering your company's trademark in India.

You do not need to be the owner of a business to apply for Trademark Registration Online.

The application can be submitted by a natural person who has not yet started a business. Aside from that, you can file an application "traditionally" on a firm, such as a natural person conducting business, a partnership, or even a foundation or institution.

If you wish to register a trademark but don't yet have a business, keep one thing in mind. You have five years under the law to begin utilising a trademark. The trademark protection right will not be taken away from you after that, but competitors may file a trademark withdrawal request.

 

Trademark Registration before Company Registration

 

Parts of a trademark can be registered

If you're a trademark owner who wants to claim exclusive use of the mark, you can file a separate trademark registration application with the registrar. 

It might happen even before the company is formed. After the business is up and running, the proprietors' company can start utilising the separate marks collectively or separately.

 

Trademarks that are related

A trademark or its parts can be registered as trademarks if they are registered as different trademarks but under the same proprietor's name. The following conditions must be met in order to use these connected trademarks:

• The goods that are exchanged or traded must be produced by the same company.
• The trademarks must be registered in the same proprietor's name.
• The markings are either identical or have a similar enough likeness that a third party utilising them is likely to be confused.

 

Who is eligible to file a trademark application?

Anyone claiming to be the owner of a trademark or intending to use one can apply. For registration in writing to the Registrar under the Trademarks Act. It must be done in the prescribed method (described below) in order for his trademark to be registered.

An individual, a company, a group of people, a partnership firm, a public utility, a government entity, and so on can all apply for registration.

 

How does a company register a trademark in India?

Specifics to include in your application — A corporation can file an application for trademark registration in its own name. The nature of the registration, the country of incorporation, and the law under which the company is registered must all be in the trademark application. The director can sign and submit the application after receiving permission.

Performing a trademark search for a company name — Before deciding on a trademark name or logo, a basic similarity check can be performed. This might assist you in properly preparing your trademark application and avoiding delays in the process.

Defining the correct classification of goods - The company should define the goods and/or services for which registration is sought using words from the Registrar's International Classification, which is available on the Trade Marks website. Improper classification can result in lost time and the need for extra correctional filings. As a result, this is a critical stage.

Document Submission - Filing of coloured as well as black and white copies of your trademark are examples of supporting documentation. Additional documents such as a power of attorney and proof of application fee payment are required. Additionally, the practical specifics of mark usage may be required.

 

Assignment of the trademark in the company's favour

• If the firm's founders or promoters have already earned a trademark, it can be issued to the company.
• The proprietors' acquired trademarks are only assignable and transmissible as a group, not individually.
• Form TM-24 is used to record the title of a person who gains ownership of a registered trademark by assignment or transmission.
• In form TM-23, the assignor and assignee can also file a joint request to register the assignee as a subsequent proprietor.

 

Should you register a trademark in India without forming a company?

Yes, you can apply for trademark registration online in India without forming a company. Even if your firm is still forming, you should register your trademark for the following reasons.

• You can file a second trademark registration application with the registrar if you're a trademark owner who desires exclusive use of the mark. This could occur even before the company is created. The owners' firm can begin using the various marks together or individually once the business is up and functioning.
• If a brand or its components are registered as separate trademarks but under the same proprietor's name, they can register as trademarks.
• Keep one thing in mind if you want to register a trademark but don't yet have a business. Under the law, you have five years to start using a trademark.
• Just because you came up with a great name doesn't give you any rights. It is not protected by the law in the great majority of cases. Additional regulations safeguard the names used in economic transactions. To ensure that no one else uses your catchy name, you should register it as a trademark. Even if you don't work in a corporation.
• By applying a trademark for an individual and licencing it to a partnership, you can save money on taxes. You can utilise a trademark that you have legally registered in this form of a limited liability company. You'll be paid on a monthly basis as well.
• For natural persons, there is one further advantage to trademark protection. You still have a valuable asset in the form of a trademark even if the collaboration fails. A trademark cannot be seized by a liquidator of the assets because it is not the property of the company.