Any firm needs trademarks because they help build the brand and protect it from infringement. Whether registered or unregistered, trademarks have different levels of legal protection. Can a trademark that is not registered, nonetheless, be licensed?
The answer is that a trademark that is not registered may be licensed. An agreement between the owner of the trademark and another party who wishes to use the property is known as a trademark license. The license grants the licensee the right to use the trademark in a particular manner, for a specified amount of time, and in a defined location.
However, it is crucial to confirm that a trademark does not violate another person’s rights before granting a license for it. If the trademark is accessible for licensing, running a search on it can help.
A digital signature is necessary when submitting a trademark application. An electronic document can be signed securely with a digital signature, which also acts as identification documentation. For the submission of trademark applications and other documents pertaining to trademarks, the Indian Trademark Office allows digital signatures.
It is simple to submit a trademark application online. By going to the Indian Trademark Office’s official website, you can submit a trademark application. The website offers a detailed tutorial on how to submit an online trademark application.
It is typically recommended to register a trademark in the company’s name rather than an individual’s when it comes to trademark ownership. This is so that even if the company’s owner changes, the trademark will still be recognized as belonging to the business.
Finally, the question of whether an LLC or trademark comes first emerges. In general, it is advised to create the LLC before applying for a trademark. This is because the trademark will belong to the LLC, and if the LLC is already constituted, it will be simpler to transfer trademark ownership.
In conclusion, if an unregistered trademark does not violate the rights of any third parties, it may be licensed. A trademark application must have a digital signature, and the procedure can be completed online. It is suggested to create the LLC before applying for a trademark and to register the trademark in the company’s name rather than an individual’s.
You can use the United States Patent and Trademark Office (USPTO) website to search for trademark approval status. The USPTO keeps track of both pending and registered trademark applications in a database. The trademark name, owner’s name, or registration number can all be used to search the database. You can read the registration information, which includes the registration number, owner’s name, and filing date, if the trademark has been registered. If the brand is not already registered, it might be eligible for registration; however, to ascertain its availability and any associated risks, you should speak with a trademark lawyer.