Who can apply for a trademark?

Who may apply for trademark?

The applicant is categorized in four types, i.e., individual, startup, small enterprise and fourth type cover all types of applicants who are not covered under the said three types. Certain benefits are being provided to individual, startup and small enterprise in the form of reduced fees.
For identifying an entity as ‘small enterprise’ and ‘startup’, certain criteria. are given.
Individual/Sole Proprietor 

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. An applicant may identify itself as a sole proprietorship. A sole proprietorship generally means a business which has only one owner.  

Small Enterprise

(i) in case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006);  and

ii) In case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for a medium enterprise under clause (b) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006. 

Explanation: “enterprise” means an industrial undertakings or a business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods in any manner pertain to any industry specified in the first schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engages in providing or rendering or any services or services in such an industry. 

(iii) In case of a foreign enterprise, an enterprise which fulfills the requirements as mentioned in clauses (i) and (ii) above.

Explanation: In calculating the investment in the plant and machinery, reference rates of foreign currency of Reserve Bank of India shall prevail
Startup
(i) an entity in India recognized as a startup by the competent authority under Startup India initiative, 

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. “Any person” – is wide enough to include any individual, company, or association of persons or body of individuals, society, HUF,  partnership firm, whether registered or not , Government, trust etc.  

(ii) In case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation / registration as per Startup India Initiative and submitting declaration to that effect. 

Explanation: In calculating the turnover, reference rates of foreign currency of Reserve Bank of India shall prevail For claiming the benefit as ‘Small Enterprise’ or ‘Startup’, documentary evidence (i.e., requisite certificate) shall be required to be submitted at the Indian Trade Marks Registry.
Contact Us
Mail Us
info@marksandbrands.in