• Trademark registration

I am a central govt employee can I register a trademark in my name. Can I be proprietary of that institute.
Asked 4 years ago in Intellectual Property

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23 Answers

No you can't do that being central govt employee

Prashant Nayak
Advocate, Mumbai
32486 Answers
201 Consultations

If you are a government employee then you cannot do business.

So what is the purpose of registering a trademark on your name?

You may add little more details to your question so that proper opinion can be rendered to you. 

The trademark application can be filed by:

A person who claims to be the proprietor of the trade mark in relation to goods and /or services may apply for the registration of a Trade Mark.
For the purpose of making an application of Trademarks, "Person" includes:
A Natural Person,
A Body Incorporate,
A Partnership Firm,
HUF, Association of Persons (in case of collective
Trademarks), Joint Proprietor
A Trust,
A Society, or
A Government Authority/Undertaking.

 

The Trade Mark being applied for registration may
be:
 already in use or
 proposed to be used or intended to be used
or
 intended to be assigned to a company that is
about to be formed and registered under
Companies Act 1956 with a view to use
thereof in relation to those goods and services
by the company.

 

Identification of proprietor before applying for a trademarks:
The person applying for registration of a trademark must be clearly identified as the proprietor.

 

In case of Individual:


The full name of the applicant is required. A business name or trading style is not acceptable as the name of an individual.

This is because a business name or trading style does not denote the nature of
applicant (legal entity) -

it is more in the nature of an alias for the purposes of a trade mark application:

If a trading style or business, name is included on the Application in addition to the name of an individual applicant, those details will be captured separately

T Kalaiselvan
Advocate, Vellore
87160 Answers
2340 Consultations

See as the central government employee you cannot run or start a business or have a firm of your own.

 

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

It becomes dual employment. You need to keep some other person name ahead

Prashant Nayak
Advocate, Mumbai
32486 Answers
201 Consultations

You can create it in name or in partnership with family member or friend where you can be sleeping partner with permission of appropriate authority in your department.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

since you are in a government job, therefore, you cannot enter into any business and consequently cannot register the trademark,

 

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

you can get the same register in the name of someone (family member) else

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

During  tenure of your job you cannot carry on any business 

 

you cannot be proprietor of any institute 

Ajay Sethi
Advocate, Mumbai
96961 Answers
7824 Consultations

You cannot being govt employee run a institute 

 

you would be dismissed from service 

Ajay Sethi
Advocate, Mumbai
96961 Answers
7824 Consultations

A govt employee can not do any business or other job. 

So you can not register trademark in your own name for you can not own a business.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You may register a trademark in your name. Bit you yourself cannot put it to commercial use.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

you yourself cannot do commercial activity. But you may on your wife's or children's name perform a business.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Dear Sir,

However you have enough talent to manage the things and be proprietor of institute, but the government job may not allow for the same, So, it's sincere and humble advice to you, please confirm from your department and it the same is allowed, you are suggested to proceed as per your wish. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Get the TM registered in the name of someone you can reply upon.

Also confirm in your department where you work that you can be a member or Official in the firm.

thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

It would be against the service regulations  and law for holding on to a private institute while being employed,  especially in a government employment. 

You may go through the service laws and employment terms and conditions for doing business simultaneously while employed in government services. 

T Kalaiselvan
Advocate, Vellore
87160 Answers
2340 Consultations

Sir you can not hold any office of profit while being in service.

It is advisable to kindly pursue  on somebody else's name ( family member).

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

Since you are a Central Government Employee, you cannot have another avocation i.e., start another business, be proprietor  etc., which amounts to dual employment, if the same is found by your Employer, you will be terminated from service.

Best option is to have one of your family members as proprietor of the proposed business and it can be done on his / her name.

You cannot hold any position in any private institute while in service.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- As per law & government rule, a government employee cannot enter into dual employment, i.e.cannot do financial , gain from another source , unless he is authorized in writing by the concerned department. 

- Hence, legally, you being a central government employee is not suggested to do any another business after registering a trade mark in your name for running an Institute.

- You can start a business on your spouse name, or children's name and supervise the Institute . 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
14523 Answers
221 Consultations

You cannot legally do so, as you are a government employee 

Siddharth Jain
Advocate, New Delhi
6379 Answers
102 Consultations

You cannot keep your hold on the private institute while being government employee as it would amount to dual employment which is prohibited by law. Disciplinary action by PSU would be taken against you, if it is found out that you are actively participating in some other business 

Siddharth Jain
Advocate, New Delhi
6379 Answers
102 Consultations

central government employee is not allowed to run a private business, neither is he allowed to work anywhere else as a part-time or full-time employee. This is against government rule and hence person who is found can be charged for breaking the law.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

According to service rules, any government employee can not be open or run any business in his name. But if you want to run a business, for extra income, you can be start the same by the name of any member of your family i.e. wife, son, daughter, mother, father or brother.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. No you cannot register any trademarks on your name.

2. No you cannot be proprietor or partner in any type of business.

3. You can do business in name of some trusted family member such as your wife or Child. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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