1) ETA for the complete process to get registered certificate 24-30 months.
Trademark application
Hi, I am commencing a sole proprietorship business and planning to apply for a trademark. I would be applying the trademark in my name for registering it. However, the entire Business would be managed by one of my close friend. My MOST IMPORTANT question is- Would there be any problem if- 1. the Trademark is registered in my name 2. GST, Bank Account etc. are in the name of my close friend. Also, what documents are required to complete the Trademark application if I opt for e-filing. Can I use the "TM" mark after the E-Filing is done while I wait for the registration certificate to be issued by the Government ? Please provide an ETA for the process to complete-how many days would it take to receive a registration certificate once the e-filing process is complete. Regards, Siddharth
Asked 6 years ago in Intellectual Property
5 Answers
1. No there shall be no problem you can make an agreement with friend to use the said trademark in the name of business concerned and not out of it.
2. The business entity documents should be in your name in proprietorship firm even if managed by friend
You have to fill TM-1 wherein details of the trademark along with the coloured photo of trademark and the proprietorship firm documents.
Yes you can use it even prior to making application and user date can be mentioned in application.
if no opposition it can be registered in 3-4 months.
Until it is a partnership firm this arrangement cannot hold valid grounds legally.
The GST will be ion the company's name and your friend can manage the business as a manager or director.
Trademark registration helps establish ownership and protect brand of an entity.
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999.
Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years.
Identity proof like passport, drivers license, aadhaar card, voters id or ration card for the trademark owner or person authorised by the trademark owner for filing the trademark application.In case of legal entity or registered body, then partnership deed or incorporation certificate or registration certificate is required.
It is a lengthy process, you may take the assistance of trade mark agents namely India filings etc or the advocates who are into this field alone.
You can use the TM mark after filing the same.
It takes 6-12 months for the process to complete.
Would again advise you to take help from some lawyer/ expert as the same is a typical process and takes expertise
regards
That complete filing and grant of trade mark may take 6 to 18 months.
