Can individual register trademark [New Research]

Last updated : Sept 27, 2022
Written by : Genevive Florenz
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Can individual register trademark

Can an individual be the owner of a trademark?

A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates, etc. The owner of a trademark may pursue legal action against trademark infringement.

Can an individual register a trademark in India?

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

Should I trademark as individual or company?

The use and grant of a trademark are independent of the nature of the business entity. It is however advisable, to have your own trademark. This would serve as a symbol of your reputation, quality, nature of goods or services. And go a long way in creating brand value.

Who should own trademark or individual?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.

Can I register a brand without a company?

If a brand or its components are registered as separate trademarks but under the same proprietor's name, they can be registered as trademarks without a company. By applying a trademark for an individual and licensing it to a partnership, you can save money on taxes.

Is GST required for trademark?

GST must be used if the partnership firm has registered for it. Unless a word mark is being registered, include a logo if one is available. A trademark description is a description of a trademark-protected product or service.

Who can file trademark?

2. Who can file a trademark in India? Any person or an entity which claims to be proprietor of a trademark can file a trademark application in respect of desired specification of goods or services.

Can I trademark a name without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You can't register a generic or descriptive name.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Does a trademark have to be a business?

The Benefits of a Trademark There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

Which is better trademark or LLC?

A trademark prevents anyone else from selling similar goods and services within the US under your business name. Whereas an LLC affords you liability protection from frivolous lawsuits, it may not be enough to keep your brand safe from business owners who want to knock off your concept.

What is your trademark as a person?

A trademark is a distinctive feature of something or someone, and to trademark is to brand something, especially in a legal sense. You know how a comedian often has a particular joke she's famous for? That's her trademark. A trademark is something specific to a person that can be used to identify her.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

What comes first trademark or registered?

having a registered trademark. You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you're providing your goods or services.

Can I trademark my name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

What all documents are required for trademark?

Individual or proprietorship address proof includes a copy of Aadhaar, PAN, or Passport. If the applicant is a partnership firm, the names of all partners are necessary; however, if the applicant is a Limited Liability Partnership (LLP), the trademark application must be filed in the name of the LLP.

What is the main requirement for a trademark?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

What is the fee for trademark registration?

The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.

How do I register my brand name?

  1. Register on the trademark office portal:
  2. Trademark search:
  3. Filing of trademark application:
  4. Examination of trademark application:
  5. Show Cause Hearing:
  6. Publication of Mark in Trademark Journal:
  7. Trademark registration & certification:

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

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Can individual register trademark

Comment by Kara Salverson

so here's another question from Korra can a trade mug be registered to an individual a Mon dream income the founder of trademark factory and here's my answer to this question this is very country specific in most countries the answer is yes you can you can trademark your brand in the name of your company in the name of an individual it really doesn't matter for most countries but in some countries it could actually be an issue because they require you to have some sort of an entity or a license to be an entrepreneur so it's not enough for you to be a non individual you have to have a license of an entrepreneur and I remember those actually an issue for me when I was protecting the brand trademark Factory so it's thinking how can I file a international trademark application that was before Canada join Madrid system so I was thinking is there a way for me to file a Madrid application for trademark factory and so I couldn't do it as a Canadian company because Canada was not part of Madrid those taking okay can I do it as Russian citizen which I still have my dual citizenship and I thought if I could file as Andre Minkoff as a Russian citizen Russia is part of Madrid and was so could I do that and it turned out that in Russia you had to have this license and you have to pay the taxes you have to pay the you know and that was so complex it didn't really make a lot of sense for me at that time and so what we decided to do is to just file a trademark Factory in individual countries where it mattered and so it didn't it didn't work out because again rush I couldn't use Russia as an individual but I know it's an exception so in most countries short answers your question in most countries yes you can follow trade mark as an individual but there may be some subtleties depending on the country where you're filing I hope you found this useful and by the way if you are planning to trademark your brand in particular country and you're not sure if you could file as an individual there you're welcome to email us at trademark factory TM a trademark factory calm we're gonna have a look at that and see if we can help you with that yeah you found this video useful make sure you subscribe because there's a new video coming out every day if you've got more questions for me comment below and until then I'll see you in the next video

Thanks for your comment Kara Salverson, have a nice day.
- Genevive Florenz, Staff Member

Comment by Marya

Thanks for this interesting article

Thanks Marya your participation is very much appreciated
- Genevive Florenz

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