No you can't do that being central govt employee
I am a central govt employee can I register a trademark in my name. Can I be proprietary of that institute.
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
See as the central government employee you cannot run or start a business or have a firm of your own.
How can I keep my hold on an private institute doing by me being a govt employee
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.
since you are in a government job, therefore, you cannot enter into any business and consequently cannot register the trademark,
During tenure of your job you cannot carry on any business
you cannot be proprietor of any institute
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.
you yourself cannot do commercial activity. But you may on your wife's or children's name perform a business.
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.
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
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.
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).
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.
- 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.
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
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.
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.