Get Documents Ready for Smooth Partnership Firm Trademark Filing

Forming and establishing a partnership is easy. There aren't any intricate commercial formalities. The Partnerships Act, 1932 mandates that partnership firms in India register. Additionally, it offers the documents needed to register a partnership firm with the Registrar of Firms.

This kind of business organization is highly prevalent in India. Establishing a partnership firm requires the involvement of two people at minimum. In a partnership firm, two or more people form a business together and agree to split the profits in a predetermined ratio. A partnership business might involve any type of trade, career, or occupation. A partnership firm is made up of the persons who collaborate to form it. An agreement between the partners establishes the partnership firm. A partnership deed, or agreement between partners, governs their connection with each other as well as their relationship with the partnership firm.

The decision of whether or not to register a partnership firm rests with the partners; trademark registration is not required. However, if a partnership firm is not registered, it cannot receive legal benefits; for this reason, logo registration is usually advised.

Key Documents for Partnership Firm Trademark Applications through trademark attorney

In India, the Trademark Attorney share details to Trademark Registrar must receive the following documents in addition to the application form filled out and the required payment in order to register a registered trademark for a firm that is a partnership.

• Partnership agreement.
• Form-48 was signed.
• Certificate of Udyog Aadhar Registration.
• verification of the signatory's identity.
• Provide evidence of the signatory.
• The authorized signatory's PAN card.
• The authorized signatory's Aadhaar card.
• Logo registration can be in black and white.

• Agreement on Partnership: While an oral partnership deed is possible, it is usually recorded to prevent future disputes. Every partner must sign the partnership deed, which is created on judicial stamp paper that can be purchased from the relevant State Registrar Office. It outlines the partners' and the company's obligations and rights.

• Firm documentation: 

• Firm's PAN card: Partners must apply for the firm's PAN. Form 49A must be used when submitting a PAN application. You should fill it out online by going to the NSDL website. If the authorized partner signs an application utilizing a digital signing certificate, it can be submitted online. If not, the application and necessary paperwork must be forwarded to the closest PAN processing facility, which are located all across the nation.

1. 1. 1. Address Proof of Firm: In the event that the registered office is rented, a lease and one utility bill (such as a gas receipt, water bill, electricity bill, or property tax bill) must be turned in. Additionally, the landlord's NOC will be provided. Utility bills specifying the legal name of the business's owner (partner) must be supplied if a registered address is owned. Additionally, the owner's NOC must be submitted.
   2. Documents from Partners:
      1. PAN card: Possession of a PAN card is mandatory for each partner in the business. It functions as identity verification for the partners. If a partner does not currently have a PAN card, they can apply online through the NSDL website by submitting Form 49A. Applying offline is possible for them. Simply download the PAN application, fill it out, and send it in with the necessary paperwork to the PAN processing center that is closest to them.
      2. Address Proof: Any official government-issued proof of address must be submitted by each partner in the company. You can provide address verification via a voter ID, driver's license, passport, Aadhar card, or utility bills that are no more than two months old.

• Additional Registration Documents: To reach the Registrar of Firms, the partners must provide the partnership deed, identification, and evidence of address for the firm. Along with that, an affidavit attesting to the accuracy of all the information stated in the deed and other papers is also needed to be presented.

• Registration for GST: A company must provide its PAN number, address proof, and the name and address proof of each partner in order to receive a GST registration. An authorized signatory will use E-Aadhaar verification or a certificate of digital signature to sign the application.

• Current Bank Account Information: The documents listed below must be submitted by a business in order to obtain a current bank account:

1. 1. Partnership agreement.
   2. Partnership business PAN card.
   3. Provide evidence of the partnering firm.
   4. Identity documents for each partner.
   5. Certificate of partnership registration, if one has been obtained.
   6. Any registration documents from the federal or state governments (a GST certificate is typically supplied).
   7. A copy of a water, phone, or power bill that is no older than three months.
   8. A letter of authorization on the company letterhead designating the partner as a designated signatory to the bank account.

Does a Partnership Firm have to be registered?

According to the Partnership Act of 1932, registering a partnership firm is not required. Nonetheless, registering a partnership firm is preferable. The Partnership Act of 1932 grants the firm certain legal benefits, which it cannot obtain if it is not registered.

What are the registered partnership firm's legal benefits?

If a third party breaches a contract, the registered organization or its partners may bring legal action against them. The third party may file an action against the firm, but a partnership cannot file a complaint towards the third party if that company is unregistered. The unregistered business and any of its associates are likewise not entitled to a setoff in the event of a dispute against a third party.

For what duration is a partnership registered?

In India, registering a partnership firm can take up to ten working days on average. However, depending on the state's requirements, the time it takes to receive the Certificates of trademark registration may change. Each State has a different processing time for government registration of partnership firms.

Is it possible to revoke the Certificate of Logo Registration?

A partnership's certificate of incorporation may be revoked in certain circumstances, such as during a dissolution. When all partners, or all partners but one, are declared insolvent, or if the company is engaging in illegal activity, a dissolution may be triggered immediately.

At what point in time should the partners submit an application to register the partnership firm?

A partnership firm may register at any point after it is formed or even at the exact moment of its formation. To obtain the privileges that are exclusive to registered firms, it is recommended that the company register as soon as it opens for operation. 

Registration of a Partnership Firm Is Important

In accordance with the Indian Partnership Act, registering a partnership firm is not required. It is voluntary and at the couples' discretion. The registration of the partnership firm can be completed either during the partnership business's ongoing operations or at the point of its establishment or incorporation. 

Nonetheless, it is always a good idea to register a partnership because those who are have some unique rights and advantages over unregistered firms. The following are advantages that the partnership firm has:

• To enforce his rights under a contract against a partner or a partnership firm, a partner may file a lawsuit against any of the partners or the firm. A partner cannot file a lawsuit to assert his rights against the company or other partners in an unregistered partnership.
• Any third party may be sued by the registered firm in order to enforce a claim resulting from a contract. An unregistered business is not permitted to bring legal action against anyone else in order to defend its rights. Meanwhile, the unregistered business is open to lawsuits from any third parties. 
• The registered firm may pursue other legal action, such as set-off, to uphold a contractual entitlement. In any legal action brought against it, the unregistered organization cannot assert setoff.

How does Partnership Registration work?

Registration of a partnership refers to the partners' registration of their partnership firm with the the Registrar for Firms. It is recommended that the partners register the firm with the state's Registrar of Firms. Since the formation of a partnership firm is not required, the partners may choose to register the firm at any point while it is in existence or at any point after.

In order to register a partnership, two or more individuals must join as partners, decide on a formal name, and sign a partnership deed. Partners, however, are not permitted to be husband and wife or members of any Hindu undivided family.

Additional documents that might be needed include an agent's power of authority, a Trademark Attorney provides graphic representation, a user's affidavit, invoices for commercial, and certifications related to business trademark registration.

In addition to offering unique rights and legal protection, trademark registration can assist partnership firms in promoting and safeguarding their brand. The trademark registration price levied by the government ranges from ₹4,500 to ₹9,000; however, smaller enterprises, startups, sole proprietors, and individuals may qualify for a reduced charge.

Registration of Partnership Firms.

To register a partnership firm, submit an application and necessary fees to the Registration of Firms in the State where the firm is located. Each partner must sign the application or have their representative do so. The firm will be registered in the Register of Firms and given a Certificate of Registration if the Registration Officer of the Firms has determined that the application is accurate.