List of Documents for Trademark Registration for a Partnership firm or LLP
Overview : Protecting your mark in a competitive and evolving business landscape like India can give you an edge. Trademark registration is the best way to protect your business's special marks or establish solid protection and thus prevent it from being infringement or copied/misused. As establishing a brand takes a lot of effort, time, and investment, infringement of the unique identity of such a brand can cause irreversible loss to individuals or partners. That’s why it's essential to opt for trademark registration for your recognisable mark. The blog sheds light on the vital documents required for trademark registration for a partnership firm or LLP.
Introduction
Trademark Registration is a process of registering any unique mark that helps identify products or services of a specific brand or company. These marks of identification can be any word, phrase, design, picture, sign, etc. Registering such marks as a trademark with requisite documents is essential as they differentiate products/services associated with a business from others in the marketplace.
Trademarks are considered the Intellectual Property of any business entity and thus need to be protected from infringement. The Trademark Act 1999 contains necessary provisions that offer legal protection to trademarks and their rights, but only if they are registered under this Act. Understanding and arranging required documents for trademark registration can help get your mark registered as trademark hassle-free.
List of Documents for Trademark Registration for a Partnership & LLP
While applying for trademark registration online, documents like an Affidavit or Documentary Proof to establish the user date of the trademark and an official authorisation in the name of the trademark attorney must be attached/uploaded with the trademark application. The partnership firms are generally created by the consent between the partners and arise out of a partnership deed, wherein the action of any one partner would be binding on all other partners. Therefore, authorisation from any of the partners of the firm is sufficient.
However, in the case of LLP, which is an incorporated entity under the LLP Act, 2008 and comes into existence after the ROC issues a certificate of registration, the designated partners need to convene a meeting to make a decision for trademark filing and should authorise any one of the designated partners of the LLP. Provided below is the list of documents required for trademark registration for a partnership firm or LLP, and also a detailed video on trademark registration documents;
Mandatory Documents
- Completely Filled Questionnaire
- Evidence of User Date
- Affidavit in support of the user date
- Attorney Authorisation (POA)
- MSME or Startup India Certificate (Optional)
Power of Attorney/Trademark Authorisation
A POA needs to be executed on a stamp paper of value ₹100 in the prescribed format. POA is an authorisation in the name of the registered trademark agent or attorney to file a trademark application in the name of the partnership firm. This document should be executed as well as signed by any partner of the firm or any designated partner of the LLP. It is also important to ensure that it's duly notarised. Get your POA duly drafted by one of our trademark Experts at Setindiabiz.
User Affidavit or Evidence of First Adoption
If a trademark application is filed with a prior use date, some supporting documents need to be submitted. For trademark application for a partnership firm, user affidavits and evidence of adoption or first use date can be used in the form of supporting documents. However, if the trademark application is filed as proposed to be used, no requirement of supporting documents arises.
Trademark Registration of Logo or a Device Mark
When applying for trademark registration online in India for a logo or device mark of a partnership firm or LLP, the applicant is required to submit a digital copy of the proposed logo or device mark. The image of the logo/device must be in the format prescribed.
Proper documentation enables hassle-free application completion and expedites trademark application processing by the dedicated department. As a result, proper documentation arrangement helps reduce the delay of application or its chance of rejection, leading to a successful trademark registration of the applied mark in a relatively quick time.
Note : Keep in mind that the listed documents for registering a trademark for partnerships should be prepared in the format prescribed under the trademark laws. We can help you in preparation of necessary documents for registration of Trademark in India
How does Setindiabiz help?
Setindiabiz is a trusted name for rendering trademark registration services for different entities, be it individuals, sole proprietorships, partnership firms, LLPs, companies, and so on. Combining our expertise with digital tools, we boast of delivering top-notch trademark registration services across PAN India to businesses irrespective of their type or size. We offer end-to-end assistance as our team is available throughout the trademark registration process, from the beginning to registering your valuable mark.
Connect with Setindiabiz today to protect your mark efficiently!
Conclusion
In this rapidly evolving business landscape, no business entities want to get their unique mark of identification misused or infringed by others. As creating a reliable brand is a hard nut to crack so it’s essential to protect its exclusivity and recognition of a brand; trademark registration can help you do so. The blog would have helped you develop valuable insights into documents required for trademark registration of a partnership firm or LLP!