Registering a trademark for a US-based company in India

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Business entities and their types in India 

In India, there are various kinds of business entities available. They are as follows:

  • Subsidiary company
  • Joint venture company
  • Branch office
  • Project office
  • Representative office or liaison office
  • Sole proprietorship
  • Partnership
  • LLP or limited liability partnership
  • Unlimited company
  • Public limited company
  • Private limited company

Both the foreign promoters and Indian promoters can create the below-mentioned business entities:

Sole Proprietorship, Partnership, Unlimited Enterprise, Limited Liability Partnership, Public Limited Company, and Private Limited Company.

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The foreign companies have the choice of developing the below-mentioned kind of business entities: Joint Venture Company, Branch Office, Project Office, Representative Office or Liaison Office. You should remember that joint venture organization is not a distinct kind of legal entity.

Joint venture organization can be any one of the following: Private Limited Company, Unlimited Company or a Public Limited Company.

In the same way, a completely owned foreign company with a subsidiary in India can be any one of the following: a Branch Office, an Unlimited Company, a Public Limited Company, or Private Limited Company.

If you are a foreigner and wish to invest in India, you need to select the right type of business or corporate entity that suits the purposes and remain responsible for tax planning issues and liability issues. The foreign companies that have plans to perform business in India need to give importance to the entry policies for foreign investors in India and corporate organizing to save taxes permitted by international tax treaties and laws to the best level.

It is compulsory for foreign shareholders or foreign investors both corporate shareholders and individuals to obtain government approval when investing in India. Approval for Foreign Venture in India and Foreign Investment Promotion Board is necessary in certain special cases.

Trademark Registration By A Foreigner In India

If you are a foreigner and wish to register for a trademark in India, then your business should adopt some important strategies for safeguarding the trademarks.

  • It is necessary to conduct trademark searches in the Indian trademark registry under the classes which look interesting to you. Ensure to include even the ancillary classes.
  • Ensure to perform common law searches which include directories, yellow pages, market surveys, and the internet to find out whether the third parties are utilizing the trademarks.
  • After getting an opinion from the local council and according to the information find out whether the trademark is present or not.
  • If you are finding the trademark present for use, ensure to immediately apply for trademark registration.

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  • The trademark rights holder possess a trademark which has been acquired and used reputation and goodwill. It is recommended that while filing for trademark application in the country, they should also publish cautionary notices, make press releases and promote the trademark to make sure that the appropriate group of the public gets to know that the company has entered the market of India and are also taking steps to safeguard their trademark from all types of third party damage.
  • The trademark rights holder should take instant steps to register domain names by including country coded premium level domain terms in India. It should be done since there can be chances of third parties filing and registering domains for some kinds of renowned marks with the aim to extract money by vending the domain name to the trademark rights holders.
  • The rights holder should know that the trademark is being trespassed so they should make instant steps to safeguard their trademark by any of the means of cancellations, filing oppositions, sending cease, performing investigations, or initiating necessary criminal and civil actions.

Is it possible for a foreign company to sell their services or products before trademark registration in India? 

Yes, it is possible. As per the Indian trademark rules, it permits trademark registration filing in India for an intent to utilize basis. But still, the registered owner of the trademark in India should ensure to utilize the mark within the time of five years and three months from the date of trademark registration. If you do not follow, the registered trademark will be set to invalidation proceedings.

Trademark registration process is a simple process in India but it requires professional assistance. It is recommended to get in touch with experts who simplify and ease the trademark registration process.