Who should Apply For a Trademark?
In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered.
Any Individual, A company and an LLP can be an applicant and may file the application for the registration of the particular trademark. But there are a lot of differences between them, right from fees, trademark usage rights, till renewal and ownership transfer rules, everything changes.
Case Study:
Anika is a Fashion Photographer, Mishti is a Wedding Photographer, both of them works freelance also and has a Private Limited company together by the name of Pixnika Photography Private Limited. Anika is planning to apply for a Brand name, “PIXNIKA”. But she is confused about whether she should apply the Brand name as in her individual capacity or on company name.
Case1: Now if she registers the Brand “PIXNIKA” on her Individual name, she will be able to use the trademark freely. Pixnika Photography Pvt Ltd will also be using the trademark unobjectionably. But no sooner than Anika resigns from the company. The trademark will be with Anika.
Mishti can neither use the trademark, nor can she keep the company, as the company is the brand representation of the owner trademark. Whatever the goodwill valuation is for the company, it's all for Anika now. Mishti will not get any benefit of either brand or goodwill or franchise.
Case2: Anika has applied for a trademark in the company name, PIXNIKA photography Private Limited. Both of them will use the trademark. Both enjoy the benefit of goodwill. Now if anyone resigns from the company, if she is willingly leaving the benefits, it's their choice. But factually they are owners of their part of share in trademark also, in goodwill also, etc.
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