Eligibility to File a Legally Trademark Application

Anyone can submit an application for a trademark in India if they believe they are an owner of a registered trademark for products or services. This covers people, businesses, partnerships, limited-responsibilities partnerships (LLPs), sole proprietorships, trusts, societies, and both domestic and international corporations.

You can file an application through the internet or in person at the Trademarks Registry Office by filling out Form TM-A, which can be found on the Intellectual Property India website. The application form must be signed by a director or authorized signatory if you are applying on the behalf of a firm. To confirm your identity, you might also be required to take a selfie or submit a copy of your driver's license. Selecting the appropriate trademark class is crucial when submitting your application. Class 1–34 pertains to manufactured commodities, whilst classes 35–45 are reserved for services. 

Who May File a Trademark Application?

A trademark's owner may file an application to have it registered. Once a trademark is officially registered, the person whose name appears as the applicant on the Trademark Application form will be recognized as the legal owner of the property. Anyone may register and present an application for the registration of a particular trademark, including businesses and limited liability partnerships (LLPs).

Often, a person or organization will register a trademark to protect their brand, catchphrases, or original terminology. Application for trademark registration is available to individuals, businesses, and non-profit organizations. Nevertheless, there are specific requirements that apply to each type of individual or business when it comes to filing a trademark application.

By whom is the trademark application filed?

In order to file a trademark application at the Trademark Registry, the applicant must give a Power of Attorney to a Trademark Agent. After filing the application at the Trademark Registry, the trademark agent receives an acknowledgement. Please direct all letters and other communications pertaining to the trademark registration procedure with the trademark agent.

1. 1. Regarding Individual: It is also possible for someone who does not run a business to register a trademark seeking a term or symbol they plan to use in the future by filing an application for trademark registration. When submitting a trademark applications as an individual, the applicant's true name is necessary.
   2. Owners jointly: Both of the names of the two individuals must appear on a trademark application if they elect to file it jointly.
   3. A proprietorship firm: A sole proprietorship has no separate legal entity and the person running the business is solely responsible for its debts. In terms of setup, maintenance requirements, and cost, it's among the most straightforward business models. A proprietorship firm may therefore file a trademark application on its proprietor's name rather than under the names of the business and proprietorship. Should the application contain both a business name and a proprietorship name, both components will be examined independently.
   4. Firm formed by partnership: Every partner's name must appear on a trademark application submitted by a partnership business. All partners' names must appear on the trademark application since partnership enterprises are not recognized as separate legal entities. If a minor is a part of the partnership company, the name of the legal guardian protecting the minor must also be disclosed.
   5. LLP stands for Limited Liability Partnership: A trademark application submitted by the limited liability partnership must be made under the LLP's name. An LLP has a distinct identity since it is an incorporated entity. Because an LLP is required to own the Trademark, the Partner cannot represent the applicant on their own.
   6. The Indian company, or Native Company: When a limited corporation, one-person firm, or private limited business files a trademark application, the application needs to be submitted under the name of the entity. Because a corporation has an independent identity apart from its directors. Although a director of the firm may not be the applicant, any official designated by the corporation may sign and submit the application on their behalf.
   7. International Business: As long as the trademark has been registered within the foreign country, a foreign incorporated company filing an application for registration in India must do so under its corporate name. It is necessary to ascertain the type of logo registration, the nation of incorporating, and the legal framework in which the enterprise is founded. The application form should provide the applicant's address for servicing in India if the foreign company does not have a substantial place of business there.
   8. A Trust or Society: Organizations that were established with a focus on social good over financial gain are known as Trust or Society organizations. A legal agreement is the foundation for establishing a trust, whereby a beneficiary keeps the property and appoints trustees to oversee the assets and operations. Some groups of people can be considered a society if they come together to work toward a common objective. As long as the trademark registration is done by or on behalf of a Trust or Society, both Trust and Societies are permitted to register trademarks via trademark attorney. The application contains the names of the Secretary, Managing Trustee, and Chairman.

What Are You Unable To Trade?

Many items are available for trademarking, however other things are prohibited from being done so. Some goods cannot be trademarked due to their excessive generic nature, while others cannot be protected due to misleading advertising. The following seven marks are not eligible for trademark registration.

• Without the approval of the living individual, you are not allowed to register symbols or terms that symbolize or describe them.
• Marks featuring state flags or national seals, whether from the US or another nation, are not eligible for trademark registration.
• Marks that are vulgar or intrinsically objectionable cannot be registered.
• Generic trademarks attorney that just identify a kind, class, or service are not eligible for registration of logo’s. For example, a company that makes lamps is not allowed to trademark the name "lamp."
• Marks that give false information regarding the location of production cannot be registered. In other words, if the coffee mugs are genuinely made in Pennsylvania, you cannot brand them as Arizonan.
• Marks that are deemed to be fairly deceptive about the goods or service are not eligible for registration of logo.
• Without permission, it is illegal to register trademarks that lead consumers to believe that a certain person or business is connected to a good or service.
• It's not simple to determine what can and cannot be branded. As trademark attorneys in Arizona, we assist entrepreneurs and innovators in obtaining patents, trademarks, and copyrights that shield their business from infringements of all types.

Is it possible for me to trademark a color?

Four requirements must be satisfied for a color to qualify for trademark protection: It needs to set the product apart from rivals. Through commercial application, it needs to be connected to the product (secondary meaning). It can't lower product quality or raise prices, which would disadvantage rivals. Four requirements must be satisfied for a color to qualify for trademark protection:

1. It needs to set the product apart from rivals.
2. Through commercial application, it needs to be connected to the product (secondary meaning).
3. It can't lower product quality or raise prices, which would disadvantage rivals.
4. It can't be useful or have any practical benefits.

Only a few colors meet the requirements

It's difficult to trademark a color, and not many businesses have fulfilled all the requirements.

• Pepto-Bismol's attempt at trademark its pink hue was unsuccessful. The court determined that the medication was useful since a study revealed that patients would more inclined to take it due of its color.
• While other cereal boxes employed colors that were similar to yellow, General Mills failed to secure a trademark for the yellow color on its cheerios box. The product's hue did not set it apart from rivals.
• Barbie Pink is a trademark that Mattel has applied for multiple times, however they have all been dropped. Even yet, the business has worked hard to defend its reputation, if not always effectively. Maybe the Barbie movie's marketing campaign will help Mattel make a compelling case that Barbie Pink distinguishes its brand. Meanwhile rivals need to be aware that their colors can be copyrighted and that they might be sued for infringement.