Trademark Registration By A Sole Proprietorship

When someone looks at a business, the first thing they notice is the trademark. A trademark represents the identity of a business. It is the name and symbol under which a business undertakes its commerce and trade.If an individual is running and controlling the business, the first thing he needs to do is Proprietorship Registration and secondly, Trademark Registration in Delhi NCR.

In India, a trademark is regulated by the Trade Marks Act of 1999. The act provides the registration and better protection towards trademarks while preventing the use of fraudulent marks.

Who can apply?

After Proprietorship Registration, any person can apply for TrademarkRegistration in Delhi NCR to the Trademark Registry under whose jurisdiction the prime place of the business of the applicant in India falls. In case of a new company is about to form, anyone may apply in his name for subsequent assignment of the registration in the company’s favour.

Requirements for filing Trademark application:

1.    Name of the Trading style, Company name or Firm name.

2.    Address of Business Place.

3.    The name of the partners or Name of the proprietor.

4.    20 Labels of trademark logo in visiting card size or device or lettering style.

5.    Specification of goods for which the trademark is applicable.

6.    Date of the first use of the trademark, if the trademark is already in use. Otherwise, the application may be filed as ‘proposed to be used’.

7.    If the applicant wants to engage the services of a Trademark Attorney,then fill the Authorization Form(Form TM-48 in stamp paper) and then this form is to be signed by the authorized signatory.

8.    If it is a Public Limited Company or a Private Ltd Company, please furnish the Memorandum and Articles of Association.

Information:

1) Full name and address of the Applicant.

2) Specification of goods or services specified according to individual names.

3) International Class of goods and services. Mark-device,character, figure, three-dimensional mark, logo and/or colour. Previous use is not required to file an application.

Documents:

Power of Attorney neither consular legalization nornotarization required to be executed by an individual or a representative of a corporation.

Trademark Search:

Before Trademark Registration in Delhi NCR, it is prudent to make an inspection of the already registered trademarks to ensure that registration may not be denied in view of the resemblance of the proposed mark to prohibited one or an existing one.

How to acquire a right in a trademark?

A person may acquire a right of property in a trademark in the following conditions:

 a)    By registration under the Act.

b)    By use of the mark in relation to particular goods.

c)    By transmission or assignment of the right from another person