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Guided answer

Who should own my trademark?

The proprietor you choose affects who can sue, who can sell and what happens if the business changes. Pick the closest situation.

Apply in the name of the entity that will own the brand.

Moderate complexity - several routes or missing facts

  • Apply in the name of the legal entity that will use and own the mark. If a founder files personally and the company uses the mark, document the arrangement.
  • A registered mark can be assigned with or without goodwill, for all or some of the registered goods or services (section 38). The new owner applies on Form TM-P with a certified copy of the document and a statement of case (rules 75-76).
  • If you are registered as a startup under Startup India or qualify as a small enterprise, the Rules define those terms (rule 2).

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The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.