It is a common misconception among people that trademark registration requires an established business like a private limited company registration or an MSME registration. But that is not true at all.
In India, anybody can file a trademark even in case they do not have the proper company. In this blog, we will understand the process of registering a trademark without a company in India.
Who May File for a Trademark?
Virtually anyone could submit a trademark registration application asserting ownership of the property. This includes individuals, private limited businesses, public organizations, limited liability partnership firms, sole proprietorships and partnership firms. And so essentially in case you have a distinctive mark which you wish to protect, then you could apply for trademark registration with no formal business structure.
Why Register a Trademark Without a Company?
This is why you should register your trademark even without formal company registration:
1. Early Protection:
You can register your trademark before your business is really formal. This protects your brand right from the beginning and others can not use a similar mark.
2. Flexibility:
By registering a trademark as an individual, you can utilize the mark in several ways, including granting it to various other businesses or partnerships. This helps with taxes and can offer a regular income stream.
3. Asset Protection:
A trademark belonging to a person is his asset even when a company partnership or company dissolves. This means a liquidator couldn’t take the trademark in case of business insolvency.
Documents to Register a Trademark Without a Company
You need these documents to register a trademark without formal company registration:
- Logo or Word Mark: A black-and-white copy of the logo or word mark is preferable.
- Form-48: This form authorizes a trademark Attorney to file the Trademark application on your behalf.
- Proof of Identity: A copy of the identification proof (like a visa, PAN card or Aadhaar card).
- Address Proof of Address: A copy of their address proof (electric bill, passport, driving license).
How you can Register a Trademark Without a Company?
Given below are the steps to register a Trademark without formal company registration:
Step 1: Determine Your Class
Trademarks in India are split into 45 classes which cover various categories of services or goods. You must determine which class your product or service or service is in. For instance, in case you’re filing a trademark for a garment brand, you would select Class 25.
Step 2: Select a Unique and Non-Deceptive Mark
You have to have a distinctive trademark which is not misleading. It mustn’t be identical to other class trademarks. This uniqueness stays away from legal disputes and also makes your brand stand out.
Step 3: Do a Trademark Search
Before you submit your mark, see if anybody else uses the exact same or a similar mark. Internet Trademark Search tools like the free trademark search engine by StartupFino can check the availability of your mark.
Step 4: File the Application
After you follow the instructions above, you can file the application. This entails completing the TM A form (formerly TM 1). Doing so online at the Controller General of Patents, Designs 1and1 Trade Marks (CGPDTM) official Web site or with a Trademark Attorney.
Step 5: Examination by the Registrar
The Registrar will review your application immediately after you submitted it. This includes determining if your mark satisfies all the legal requirements and is incompatible with existing trademarks.
Step 6: Respond to Objections
The Examiner may object in case your application is similar to an existing trademark or violates legal standards. These objections will require you or your attorney to reply with explanations or proof supporting your application.
Step 7: Trademark Publication
In case the Examiner is pleased with your answer, your Trademark will appear in the Indian trademark Journal. This means the public can view the mark and lodge objections within 90 days.
Step 8: Handle Third Party Objections
You must respond to objections to your trademark by a third party in case they object in the 90 day publication period. In case the Registrar is pleased with your answers, the application will proceed.
Step 9: Registration & Certification
After examining all objections, the Registrar will accept your application and issue a certificate of registration. This certificate shows the trademark registry’s seal and verifies your trademark is registered.
Validity Period & Renewal of a Registration Trademark
Your trademark is valid for ten years from the time of application. Following that period, you can renew your trademark every 10 years for as many times as you wish. Track renewal dates to keep your mark safeguarded.
Conclusion
It is not tough to register a trademark without a company in India. The benefits of this process include early protection, flexibility and asset security. Following the steps given above can enable you to register your mark and develop a recognized brand. Remember, always talk to a trademark expert like StartupFino for assistance with Trademark law and registration.
FAQs
Can I register a trademark myself?
You can register a trademark yourself. The process includes selecting a mark, doing a trademark search, filing the TM-A form and also responding to objections. Nonetheless, keeping a Trademark expert like StartupFino can help with the legal issues.
How to register a trademark step by step?
- Find your trademark class.
- Pick a distinctive mark.
- Do a trademark search.
- File the TM A form.
- The Registrar reviews the application.
- Respond to objections.
- The Trademark appears in trademark Journal.
- Manage third party objections.
- Get the registration certificate.
How much does trademark registration cost in India?
The price of trademark registration in India varies. For individuals & startups it begins at INR 4,500 per application. For corporations it begins at INR 9,000 per application. Some other costs could include attorney fees and replies to objections.
What is the eligibility for trademark registration?
Any individual, business, partnership firm, limited liability partnership or sole proprietorship can apply for a trademark. The applicant must own the mark and make it unique and not confusingly similar to existing trademarks.
What documentation is necessary to register a trademark?
- A black and white variant of the logo or wordmark.
- Signed Form-48.
- Identification proof (passport, PAN card) of the applicant.
- Proof of address (utility bill, driving license).
How long does a trademark remain valid in India?
A registered trademark of India is good for ten years from the day of application. It may be renewed indefinitely every ten years subject to renewal fees.
