Who can apply for a trademark?

https://markandbrands.in

Who may apply?

Any person “claiming to be the proprietor” of the trade mark ‘used’ or ‘proposed
to be used’ by him may make an application in the prescribed manner for
registration of his trade mark. “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.

Individual 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.

Company

A company may make an application for registration of a trade mark in its own
corporate name. In the case of a company incorporated outside India, the
country of incorporation and the nature of registration, if any, is to be
mentioned.

Firm

A partnership firm shall make the application in the names of all partners
trading as XYZ. When including the name of a minor in the partnership, the
name of guardian representing the minors should also be mentioned. If there is
omission of the name of any partner in TM-A, omission can be corrected when
supported by necessary documents. Such corrections will not constitute
change in the proprietorship of the mark. However, any new addition or
deletion of name of a partner subsequent to the date of application will mean
change in the partnership.

Trust

Application may be made in the name of the trust, represented by its managing
trustee/chairman etc trading as XYZ.

Government

A Department of Government, Central or State/or a Government owned or

controlled company may also make application for registration of trade mark
like any other person.

Joint Applicant

Section 24 enables registration of two or more persons to be registered as joint

proprietors of the trade mark, where the mark is used or proposed to be used
in relation to goods or services connected with the joint applicants.