Trademark Registration

Trademark Registration can be applied by any layman himself. In accordance with Section 3 of the Trademarks Act, 1999, the Central Government appoints the Controller-General of Patents, Designs, and Trademarks, as the Registrar of Trademarks for the sole purpose of the Trademarks Act 1999.
A trademark Act provides protection to the owner of the trademark by providing the exclusive right to use it. The period of protection of a trademark is valid for 10 years which needs to be renewed after 10 years on payment of additional fees.
With the onset of the World Trade Organisation (WTO), trademark law is now modernized under the Trademarks Act of 1999.
Trademarks are a crucial aspect of intellectual property. The registration of a trademark provides protection from unauthorized use of that trademark by another person who is registered. It is required to register a trademark to get the protection of trademark rights.
Intellectual Property cannot be Identified, and it is intangible. It should be expressed in some distinguishable way.
Basically, it comprises four distinct types of intangible properties, namely:
a) Copyright
b) Trademark
c) Patent and
d) Trade Secret,
which are collectively known as “Intellectual Property.”
A trademark is a word, symbol, phrase, or design that differentiates the products and services of one from that of another. Generally, any mark which distinguishes one’s from that of a competitor’s products and services.
The trademarks are classified into five categories:
• Generic: It means using the name of the product.
• Descriptive: The mark describing the characteristics of the products.
• Arbitrary: The marks which have already come into force, vocabulary but do not have any logical relationship with the goods or services for which they are used,
• Suggestive: The mark suggests the characteristics of the products.
•Invented/Coined: It means coining a new word that has no meaning in the
dictionary.
The Trademarks Act, of 1999 contains a provision related to the registration of marks, the renewable term of registration of a trademark which is ten years. It is very crucial to note that the letter “R” in a circle i.e. ® can only be used after the registration of the trademark under the Trademarks Act, 1999.
Regulation of Trademark Registration in India:
Under the Trademarks Act, of 1999, the Controller-General of Patents, Designs and Trademarks under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry is the ‘Registrar of Trademarks’. The Controller General of Patents, Designs & Trademarks supervises or monitors the functioning and operations of the Trademarks Registry. The Trademarks Registry manages the Trademarks Act, of 1999 and the Rules made thereunder.
Process of Registration of Trademark:
Step 1: Trademark search:
The first and foremost in the process of trademark registration is to search a suitable and appropriate trademark. It is pertinent to note that the chosen trademark should not be identical or similar to any existing trademarks in the same class.
Step 2: Filing of trademark application:
Once the trademark search is done, the next step is to file the trademark application with the Trademark Registrar. The applicant can file one application for multiple classes or series of trademarks. The applicant has to fill in Form TM-A online on the website of the Controller General of Patents, Designs, and Trademarks. There are two cost categories that came up while filing this form:
Rupees 4,500 or 5,000
An individual, small enterprise, or start-up falls under this category. Rupees 4,500 is the charge fee for filing this form electronically or rupees 5,000 will be charged if the form is filed physically.
Rupees 9,000 or 10,000
If the applicant does not come under the purview of an individual, the start-up, small enterprise category. In this case, the applicant has to pay rupees 9,000 for filing this form electronically or rupees 10,000 will be charged if the form is filed physically with the Office of Trademarks.
Step 3: Examination of Trademark Application:
Once the trademark application is filed, the trademark registrar will review the trademark application to see whether the application is being filed in accordance with the terms and conditions and complies with the existing law.
Step 4: Publication in the Trademark Journal:
If the trademark application is accepted by the trademark registrar, the trademark will be published in the trademark journal. If there is no objection received within 3 months from the date of publication, the applicant will proceed with registration and the Trademarks Registry will issue a certificate of registration.
Step 5: Trademark Registration:
If there are no objections received within 90 days, then the Registrar of Trademark will issue a certificate of trademark registration.
Once the certificate of trademark registration is issued, the said trademark is considered to be a registered trademark and the owner of the trademark will be granted the exclusive right to use that mark. The ® symbol can now be used next to the trademark.

If you still have any queries regarding Trademark Registration, then you can connect to our experts, team at [email protected] or call at 9988424211.

Vivek Ranjan

Limited Liability Partnership (LLP) Registration Online in India
through FiLLiP

Limited Liability Partnership (LLP) registration is a popular form of organization, especially among professionals and service-based businesses. It combines the advantages of both partnerships and companies into a single form of organization.
One of the main advantages of an LLP Registration is that it offers limited liability protection to its partners. This means that the personal assets of the partners are protected from the business liabilities, and the partners are only liable to the extent of their investment in the business. This protection is similar to that provided to shareholders in a company.
Another advantage of an LLP is that it is easier to set up and maintain as compared to a company. An LLP has fewer compliance (Statutory & Mandatory) requirements as compared to a company, which reduces the regulatory burden on the business.
Furthermore, an LLP also offers tax benefits to its partners. The income of the LLP is taxed at the partnership level, and the partners are taxed only on the income they receive from the LLP. This results in a lower tax burden for the partners. The suitability of the form of organization depends on the specific needs and circumstances of the business. It is recommended to consult with a professional advisor or a legal expert before deciding on the most appropriate form of organization for your business.
Introduction of LLP in India
The concept of Limited Liability Partnership (LLP) was introduced in India through the Limited Liability Partnership Act, 2008. This act was passed by the Indian parliament in January 2009 and came into effect from April 2009. The Ministry of Corporate Affairs (MCA) is the governing body for LLPs in India. The MCA regulates the formation, registration, and compliance requirements of LLPs in India.

The introduction of LLPs in India has provided a new and alternative form of organization for small and medium-sized businesses, particularly for those in the service sector. LLPs have gained popularity among professionals such as lawyers, accountants, and consultants, who can now operate their businesses with limited liability protection while enjoying the flexibility of a partnership.

LLPs have also become popular among start-ups and entrepreneurs due to their simplified compliance requirements and lower regulatory burden. The LLP structure has helped many businesses to grow and expand their operations in a streamlined and efficient manner. The Ministry of Corporate Affairs (MCA) is the regulatory authority for the registration and administration of LLPs in India.

What are the prerequisites of LLP Formation or Registration Online
Some key prerequisites for LLP formation or registration online in India.
Here are some more details about each of these prerequisites:-

1. Minimum number of designated partners: As per the LLP Act, the
minimum number of designated partners required for LLP formation is
two, and at least one of them should be a resident of India. Designated
partners are responsible for the day-to-day operations of the LLP and are
liable for compliance with all legal requirements.
2. Capital contribution: There is no minimum capital contribution
requirement for LLP formation. Partners can contribute any amount of
capital as per their agreement, and this can be in the form of cash,
tangible or intangible property, or any other benefit to the LLP.
3. Digital signature certificate (DSC): All LLP registration and compliance
filings are done online through the MCA portal www.mca.gov.in, and the
forms are required to be digitally signed using a DSC. Therefore, it is
essential to obtain a DSC from a government-approved certifying agency
before beginning the LLP registration process.

Apart from cited above list, there are other requirements such as obtaining a unique LLP identification number (LLPIN), selecting a suitable name for the LLP, and preparing the LLP agreement/deed, which outlines the rights, duties, and responsibilities of the partners.

LLP registration process online in India can be broadly classified in following steps:

Step-1: LLP Name reservation through filing LLP-RUN: The first step is to file
an application for the reservation of the proposed name of the LLP. This
is done through the RUN-LLP (Reserve Unique Name-Limited Liability
Partnership) web-based form, which is available on the MCA portal.
The name reservation process involves checking the availability of the
proposed name and ensuring that it complies with the LLP naming
guidelines and providing NIC code along with proposed name for LLP.
In the case of an LLP Registration, the name of proposed LLP must
comply with the naming guidelines laid down by the MCA and should
not be similar to any existing company or LLP name. The RUN-LLP
(Reserve Unique Name-Limited Liability Partnership) is a web-based
form that can be used to reserve a name for the proposed LLP. Once
the name is approved, the applicant has a period of three months from
the date of approval to complete the incorporation process and file the
FiLLiP form for LLP registration.
It is essential to ensure that the proposed name is not offensive or likely
to cause any harm or offense to any section of society. It should also not
violate any existing trademarks or intellectual property rights. The name
should be unique and distinctive and should reflect the nature of the
business that the LLP intends to carry out. By reserving a unique and
suitable name through the RUN-LLP form, applicants can ensure that
their LLP is easily identifiable and can establish a brand identity for their
business.
Step-2: Form for LLP registration through filing FiLLiP: Once the name is
approved, the next step is to file an application for LLP registration
through the FiLLiP (Form for incorporation of LLP) web-based form.
This form requires details such as the registered office address,
partners' details, capital contribution.
FiLLiP is a comprehensive form for the incorporation of LLPs in India
and applicant has to file the application for Incorporation of the LLP
within 3 months from the date of approval, and it offers various
additional services to applicants, including:
 Application for allotment of Designated Partner Identification Number
(DPIN): DPIN is a unique identification number that is assigned to all
designated partners of an LLP. Through FiLLiP, applicants can apply for
the allotment of DPINs for designated partners upto 3 Designated
Partners.
 Application for PAN/TAN allocation: Permanent Account Number (PAN)
and Tax Deduction and Collection Account Number (TAN) are essential
tax-related registrations for any business entity in India. Through FiLLiP,
applicants can apply for the allotment of PAN and TAN for their LLP.
 Opening of bank account: FiLLiP also offers the option to apply for
opening a bank account for the LLP. This is an optional service, and
applicants can choose to apply for it as per their requirements.
 By availing these additional services through FiLLiP, applicants can
streamline the entire registration process and complete various necessary
formalities in a single application. It is essential to ensure that all the
details provided in the application are accurate and complete to avoid any
delays or rejections in the process.

Step-3: Form-3 to submit LLP agreement: After the LLP registration is
Executed post Incorporation, the LLP agreement needs to be submitted
to the MCA in Form-3. The LLP agreement outlines the rights and
duties of the partners and defines the relationship between them. It is a
crucial document that needs to be drafted with care and in compliance
with the LLP Act 2008 as-
The LLP agreement is a legally binding document that outlines the
mutual rights, duties, and obligations of the partners of the LLP. It
defines the relationship between the partners and specifies the rules
and regulations governing the LLP's management and operation. It is
essential to draft the LLP agreement with care and in compliance with
the provisions of the LLP Act 2008.
The LLP agreement must include details such as the LLP's name,
registered office address, the name and details of the partners, their
contributions, profit-sharing ratio, and the management structure of the
LLP. It should also outline the procedure for the admission or retirement
of partners, the transfer of ownership, Dispute redressal, and the
dissolution of the LLP. It is important to ensure that the LLP agreement
is drafted in compliance with the LLP Act 2008 and the rules and
regulations prescribed by the MCA. By submitting a well-drafted and
comprehensive LLP agreement in Form 3, applicants can ensure that
their LLP is legally compliant and can operate smoothly without any
legal disputes or conflicts.
What are the documents required to be attached along with FiLLiP?
FiLLiP form, there are a few documents that need to be attached and
submitted along with the LLP registration application. These include:
1. Proof of Address of the Proposed LLP: This can be a copy of the utility
bills such as electricity bill, telephone bill, Mobil Bill or gas bill in the name
of the proposed LLP and utility bills should not be older than two months.
2. No Objection Certificate (NOC) from the owner of the Property: If the
proposed LLP's registered office is situated in a property that is owned by
someone else or 3rd party name, No Objection Certificate (NOC) from
the owner of the property is required in support for address situation of
LLP. This NOC should state that the owner has no objection to the
registered office of the proposed LLP being located at the said
address/premises.
3. Conveyance/ Lease/Rent Agreement: If the property where the registered
office of the proposed LLP is situated is on conveyance, lease or rent,
then a conveyance deed, lease deed or rent agreement should be
submitted along with rent receipts.
Documents of Designated Partners/ Partners:
In addition to the documents required for the LLP registration application
in FiLLiP, the designated partners/partners of the LLP also need to
provide their personal documents. These include:
1. Self-attested copy of PAN: This is mandatory for all designated
partners/partners of the LLP. The PAN card is used for identification and
tax purposes.
2. Self-attested copy of Proof of Identity: The designated partners/partners
must provide a copy of their identity proof, which can be either Voter's
Identity Card, Passport, Driving License or Aadhaar card. This is to
establish their identity and as permanent address proof.
3. Self-attested copy of Residential Proof: The designated partners/partners
must also provide a copy of their residential proof, which should not be
older than 2 months. This can be in the form of Bank Statement,
Electricity Bill, Telephone bill or Mobile Bill. This is to establish their
residential address as present address proof.
These documents are necessary to verify the identity and residential address of the designated partners/partners of the LLP.
LLP Subscribers’ Sheet including consent:
In the LLP Subscribers' Sheet is Form, which includes the details of the subscribers of the LLP, their contributions towards the LLP, and the consent of the designated partners to act as such in the proposed LLP. The subscribers of the LLP are the initial partners who subscribe to the memorandum of association of the LLP and agree to form the LLP. The LLP subscribers' sheet is a crucial document as it forms the basis of the LLP's formation and contains details of the LLP's initial partners. It is required to be filled accurately and submitted along with the other necessary documents for LLP registration in India.
Form 9: It is an auto-generated web-based form that needs to be filed as an
attachment along with the FiLLiP form. It contains the consent of the
designated partners to act as such in the proposed LLP.
It's important to ensure that all information and documents are
accurate and complete before filing the FiLLiP form to avoid any
delays or rejection by the MCA. In case of resubmission, it's important
to address the reasons for rejection and make necessary updates
within the given timeframe. Once the application is approved, the
applicant will receive the Certificate of Incorporation, PAN, and TAN of
the LLP, which are essential for conducting business operations.
Why it is necessary to file Form 3?
Form 3 is necessary to be filed because it contains the LLP agreement, which
is a crucial document that outlines the rights, duties, and
responsibilities of the partners and defines the relationship between
them. As per the LLP Act, 2008, the LLP agreement must be filed with
the Registrar of Companies within 30 days of incorporation. If the LLP
agreement is not filed within the prescribed time, then a penalty of rs
100 per day shall be levied on the LLP till the filing is not done.
Therefore, it is necessary to file Form 3 with the LLP agreement to
ensure compliance with the LLP Act and avoid hefty penalties.
If you are looking for LLP Registration, we at Compliance Calendar LLP
have the dedicated group of professionals who are experts in their field and can give you a complete handholding throughout the LLP Registration Procedure. If you have any query, please feel free to reach us at [email protected] or call us at 9988424211.