Trademark Registration Without a Company in India

The application for a trademark should be submitted by:

You can register a trademark as an owner of the property if you file a trademark registration application. The owner of a trademark may be either an individual, a company, a limited liability partnership, or a partnership firm, as well as a sole proprietorship.

TRADEMARK REGISTRATION WITHOUT A COMPANY

Individuals of any nationality can easily register a trademark in India. It is not necessary to form a legal entity in order to register a trademark. Your company should register its trademark even if it is still being formed for the reasons below.

• In case you desire exclusive use of the trademark, you can file a second trademark registration application with the registrar. In fact, you can do this even before the company is formed. If the business is up and running, the owners can use the different marks together or individually.
• In cases where a brand or its components are registered under the same proprietor’s name but in separate trademark registrations, they can be registered as trademarks without a company.
• A trademark application for an individual can reduce your taxes if you license it to a partnership. Using this form of limited liability company, you can utilize trademarks that you have legally registered. You will also receive payments on a monthly basis.
• The protection of trademarks has one more advantage for natural persons. Even if it fails, you still have a valuable asset in a trademark. As a trademark is not the company’s property, it cannot be seized by a liquidator.

Registration of a trademark without a company requires these documents:

There is the same paperwork required to register a trademark in the name of a business as there is for a trademark in the name of an individual, as follows:

•   Black-and-white copies of the logo or text are preferred.
•   I’ve signed Form-48. The Form-48 authorizes a Trademark Attorney to submit an application for a trademark on behalf of an applicant.
•   Identity documentation for an individual or business proprietor.
•   An address of the person or proprietor must be provided.

TRADEMARK REGISTRATION WITHOUT A COMPANY

Step 1

Your CLASS must be determined. Indian trademarks can be registered in 45 different classes.

Step 2

Pick a unique and non-deceptive mark.

Step 3

You should check to make sure no one else is using the same mark or name before you fix your mark.

Step 4

Having completed all above steps, you should be ready to fill out the TM-A form (formerly TM-1).

Step 5:

When the Registrar reviews the application, it will be accepted.

Step 6:

1. Examiners can process the application.

When the application is identical to one that has already been filed, the Examiner may REJECT it. A description of why the mark should be registered despite the objection may be provided to the examiner by the applicant or his attorney.

Examiners can ask for a hearing. The hearing will usually determine whether the application is accepted or denied.

Step 7:

The Indian Trademark Journal will publish the registered trademark after it has been accepted.

1. Third parties may object at any time during the 90-day due process period. Other parties cannot object to the application.
2. An applicant or his lawyer must reapply to the examiner when a third party object is raised during the 90 day due process period.

A trademark application will be approved if the examiner is satisfied with the answers and evidence.

Step 8

After all six processes are completed successfully, the registrar accepts the application and issues a certificate of registration bearing the trademark registry’s seal.

Step 9

It will take at least ten years for your trademark to be registered and then renew every ten years.

Read more,

What is the Trademark Registration Number

Nature of Trademark Registration in Gurgaon

Procedure to Register Your Trademark