Trademark Registration for Partnership Firm in India: Complete Guide (2026)
Can a Partnership Firm Register a Trademark in India?
Yes. A partnership firm — including a registered or unregistered partnership — is a recognised legal entity capable of owning and registering trademarks in India under the Trade Marks Act, 1999.
The trademark can be registered in:
- The firm's name: "ABC Enterprises (Partnership)" — all partners are jointly the trademark owners
- Any one partner's name: Any individual partner can file in their personal capacity and later assign to the firm
Registering in the firm's name is generally preferred — it avoids complications if a partner later exits the business.
Trademark Fee for Partnership Firms
Partnership firms are categorised as "others" (not individuals or MSMEs) under the Trade Marks Rules — so the standard fee applies:
- Online filing (Form TM-A): ₹9,000 per class
- If the firm has Udyam registration (MSME): ₹4,500 per class
Documents Required for Partnership Firm Trademark
- PAN card of the partnership firm (if registered with PAN) or any partner's PAN
- Partnership Deed (copy — establishes the firm's existence and partner details)
- Udyam Registration Certificate (if filing at MSME rate)
- Business address proof of the firm
- Logo in JPEG format (if filing a device mark)
- Form TM-48 (Power of Attorney) if filing via a trademark agent
- Resolution / consent of all partners for trademark filing (recommended for legal clarity)
Filing Process for Partnership Firm Trademark
Search ipindiaonline.gov.in for existing marks in your class.
On Form TM-A, select "Partnership Firm". Enter firm name and all partners' names.
Partnership deed, PAN, address proof, Udyam certificate (if applicable), logo.
₹9,000 (standard) or ₹4,500 (Udyam MSME) per class.
Monitor examination report. Reply to any objection within 30 days.
Registration certificate issued in the name of the partnership firm.
What Happens to Trademark if Partnership Dissolves?
If the partnership firm dissolves:
- The trademark is a firm asset and must be distributed along with other assets per the dissolution agreement
- Ownership can be transferred to any one partner or a new entity through a trademark assignment (Form TM-P)
- All partners must consent to the assignment of the trademark as part of dissolution
- Failure to formalise trademark transfer during dissolution can leave the mark in legal limbo
Frequently Asked Questions — Partnership Firm Trademark India
Can one partner file a trademark on behalf of the partnership firm?
Yes. Any authorised partner can sign the Power of Attorney and authorise a trademark agent to file on the firm's behalf. However, the application itself should be in the firm's name (not just one partner's name) to avoid ownership disputes later.
Can a partnership firm get the ₹4,500 concessional trademark fee?
Yes, if the partnership firm has a valid Udyam Registration Number (MSME registration). Without Udyam registration, a partnership firm pays the standard ₹9,000 per class.
What documents prove the existence of a partnership firm for trademark?
The primary document is the Partnership Deed — signed and ideally registered with the Registrar of Firms. A GST registration certificate in the firm's name can serve as secondary address/business proof.
We are converting from partnership to Pvt Ltd — what happens to the trademark?
The trademark must be formally assigned from the partnership firm to the new private limited company using Form TM-P (Assignment application). This requires an assignment deed and a ₹9,000 IP India recording fee per mark. Do this as part of your conversion process to maintain clean IP ownership.
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