Documents required for Trademark Registration

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You will be asked to provide documents required for Trademark Registration online based on the sort of applicant category you belong into when filing.

Trademark registration distinguishes your company's product or service from those of others while also allowing you to enforce your legal rights in the event of an infringement. Original documents are not mandatory to submit during the trademark application procedure; a copy of the original document will suffice.

Individuals and sole proprietors must submit the following documents required for Trademark Registration

In India, any individual, whether an Indian or a foreign national, can readily register a trademark. 

The formation of a legal body or a corporate entity is not mandatory to register a trademark. 

Furthermore, the paperwork required to register a trademark in a proprietorship's name are the same as those required to register a trademark in an individual's name, as follows:

Form TM-A or any other form that applies. Here you'll discover all of the fees that must be paid for the various forms.

If you're e-filing a trademark, you'll need a DSC.

A soft copy of the logo (ideally in black and white) is required (Optional). A logo is not required if you want to trademark a word.

A list of items or services that will necessitate registration.

A translation of the non-English words into English will require if the mark comprises or consists of them.

Date of when was the trademark first used in India.

Form-48: Form-48 is an authorization for a Trademark to file a trademark application on the applicant's behalf.

Individual or proprietorship identity proof includes the applicant's name, address, and nationality. 

Individual or proprietorship address proof includes a copy of Aadhaar, PAN, or Passport.

Documents required for trademark registration by Partnership Firms/LLP/Companies/Small Enterprises or Startups

If the applicant is a partnership firm, the names of all partners are necessary; however, if the applicant is a Limited Liability Partnership (LLP), the trademark application must be filed in the name of the LLP. 

If the applicant is a corporation, the formation state or nation in which the corporation is necessary. 

They'll also need the whole address. 

The application should be in the name of the Managing Trustee, Chairman, or Secretary in the case of a Society or Trust. 

It should represent the Society or the Trust.

Submit the following documents required for Trademark Registration:

Form TM-A or any other form that applies. 

If you're e-filing a trademark, you'll need a DSC (Digital Signature Certificate) and a Trademark Soft Copy of the logo, preferably in black and white (Optional). A logo is not essential if you want to trademark a word.

A list of items or services that will necessitate registration.

A translation of the non-English words into English will require if the mark comprises or consists of them.

Date of when the trademark was first used in India.

Signed Form-48. Form-48 is an authorization for a Trademark to file a trademark application on the applicant's behalf.

Certificate of Registration for MSME.

Certificate of Incorporation or Partnership Deed

Proof of Signatory's Identity

Copy of Aadhaar, PAN or Passport as Address Proof of Signatory.

Types of Trademark

In India, there are various types of trademarks.

A trademark is a brand name for a product.

Servicemark is a trademark for firms that provide services.

The owner of a certification trademark certifies goods and services for material, manufacturing process, origin, and quality.

A collective trademark is a trademark that registers in the name of a group, association, or other organisation for the sole commercial use of its members.

The Methodology: A trademark registration application divides into three stages: search, application, and registration.

The Trademark Authority of India is the guardian of the trademark act of 1999 and oversees all registration processes through a set of rules and guidelines.

The offices of the Comptroller General of Patents, Designs, and Trademarks are in charge of administrative functions. 

The Department of Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, oversees this office.

Frequently Asked Questions

In India, who is eligible to file a trademark application?

Any individual claiming to be the owner of a trademark that he has used or intends to use may file a Trade Mark registration application. 

The owner of the mark is often the person who uses or controls the use of the mark. As well as the nature and quality of the items to which is affix or the services for which it utilises.

Is a Power of Attorney required when filing a trademark application?

At the time of applying on behalf of an Applicant, a Power of Attorney must be submitted. The Applicant only needs to sign the Power of Attorney (no legalisation or notarization is essential).

Is it necessary to provide a "Statement of Use" when applying?

The trademark application can submit either claiming usage from a date before the application's filing date or on the basis of "Proposed to be Used."

If the Applicant wishes to file an application claiming the use of the mark in India earlier than the application's filing date, an affidavit as well as supporting documentation proving such use must be filed. The authorised signatory must sign the affidavit and have it notarized by a Notary Public.

An affidavit substantiating usage is not mandatory if the Applicant wants to apply a propose to use basis.

Conclusion

Business innovation is fueled by competition. As the competition becomes tougher, progressive businesses drive-by novel ideas for altering an existing process or launching a new product/service. 

In this circumstance, trademark registration becomes more important. 

The trademark is a cost-effective way of protecting misuse and infringement of a firm's intangible assets, such as its brand name and logo, for startups, small and medium enterprises in particular. 

As a result, the company may concentrate on expansion.

Trademark registration is a straightforward process that mandates only a few documents required for Trademark Registration and can help you develop a successful and trustworthy relationship with your customers.