Introduction on documents required for Trademark Registration
A Trademark is a recognizable, word, sign, phrase, or a symbol that denotes a specific product and legally differentiates that product from the rest of the similar products in the market. It helps the customer exclusively identify a product as belonging to a particular company and recognize the company’s ownership of the brand.
The process through which a trademark is recorded in the Register of Trademarks is referred to as registration. The owner of the trademark can apply to the trademark registry (jurisdiction is decided based on the principal office of the business. The registration procedure in India is based on the ‘first to file’ system. It is therefore important that the rights holder applies for the registration of its mark as soon as possible. The registration of a trademark confers on the registered proprietor of the trademark the exclusive right to use the trademark in relation to the goods or services with respect to which the trademark is registered.
In this blog let us discuss who can apply for trademark, documents required for trademark registration in India, Process of registering trademark in India , Trademark registration fees etc.
Who can apply for Trademark?
Section 18 of the Trademarks Act, 1999 states that any person who claims to be the proprietor of the trademark ‘used’ or ‘proposed to be used’ by him/her can make an application for registration of his trademark. As per Section 3 (42) of the General Clauses Act, 1897 “Any person” is wide enough to include any individual, company, or association of persons or body of individuals, society, HUF, partnership firm, whether registered or not, Government, trust etc.
Trademark registration can typically be applied for by:
Individuals/ Sole Proprietor
Anyone running a business as a individual/sole proprietor can apply for a trademark to protect their brand identity.
Partnership Firm
A partnership firm can make apply for trademark in the names of all trading within the firm partner. When the name of a minor is included in the partnership, the name of guardian representing the minors should also be mentioned.
Limited Liability Partnership
Limited Liability Partnership being a separate legal entity from its partners can apply for trademark in its own name.
Company
All type of companies such as Private Limited, Public Limited, Section 8, One Person Companies etc can make an application for registration of a trade mark in its own corporate name. In the case of a company incorporated outside India, the country of incorporation and the nature of registration, if any, is to be mentioned.
Trust/ Society
Trademark Application can be made in the name of a trust or society, represented by its managing trustee/chairperson/ secretary, etc.
HUF/ AOP
A Hindu Undivided Family (HUF)/ Association of Persons ( AOP) can apply for a trademark just like any other legal entity.
Government
The Central or State Government or any undertaking/company owned or controlled by such Government can make application for registration of trade mark like any other person.
Joint Applicants
Two or more persons willing can apply for trademark registration as joint proprietors of the trademark, where the mark is used or proposed to be used in relation to goods or services connected with the joint applicants.
Documents required for trademark registration are as follows:
1. Documents required for Individual/ Sole Proprietorship Firm
a. Basic Details such as Name of the owner/ Firm, Address, Mobile Number, Email Id, Website, if any
b. Identity Proof of the individual or sole proprietor such as PAN Card
c. Address proof of the individual or sole proprietor such as Aadhar Card
d. A Copy of Logo or Trademark (optional):
- The logo should be in JPEG or PNG format
- It can be colourful or black and white
- Size: 8X8 cm.
- If the logo is not given, the application can be filed with the word mark also.
e. Form- TM-48:
- An authorisation for that allows Trademark Agent/Attorney to file the Trademark application on behalf of the applicant.
- The form should be signed by the applicant.
f. Business Proof documents:
- Shop Act of the sole proprietorship firm,
- GST Certificate etc.
g. User Affidavit:
- To be prepared and attached in case of prior date use
- Include associated proof such as Invoices, Brochures, etc.
2. Documents required for Partnership Firm/ LLP
If having no Udyam Certificate/Start-Up Registration:
a. Basic Details such as Name of the Firm, Address, Mobile Number, Email Id, Website, if any
b. Identity Proof of the authorised signatory of the firm/LLP such as PAN Card
c. Address proof of the authorised signatory of the firm/LLP such as Aadhar Card
d. A Copy of Logo or Trademark (optional):
- The logo should be in JPEG or PNG format
- It can be colourful or black and white
- Size: 8X8 cm.
- If the logo is not given, the application can be filed with the word mark also.
e. Form- TM-48:
- An authorisation for that allows Trademark Agent/Attorney to file the Trademark application on behalf of the applicant.
- The form should be signed by the applicant.
f. Business Proof documents:
- Partnership/LLP Documents,
- Partnership Registration Certificate/ LLP Incorporation Certificate
- GST Certificate, etc.
g. User affidavit
- To be prepared and attached in case of prior date use
- Include associated proof such as Invoices, Brochures, etc.
If having Udyam Registration Certificate/ Startup Recognition certificate issued by DPIIT:
Udyam Registration Certificate or Startup Recognition certificate: Issued by DPIIT, including the documents listed in the previous section.
3. Documents required for Companies:
It includes Private Company, Public Company, One Person Company, Section 8 Company, Producer Company, Nidhi Company, Government Company, and Startup Company.
If having no Udyam Certificate/Start-Up Registration:
a. Basic Details such as Name of the Company, Address, Mobile Number, Email Id, Website, if any
b. Identity Proof of the authorised signatory of the Company such as PAN Card
c. Address proof of the authorised signatory of the Company such as Aadhar Card
d. A Copy of Logo or Trademark (optional):
- The logo should be in JPEG or PNG format
- It can be colourful or black and white
- Size: 8X8 cm.
- If the logo is not given, the application can be filed with the word mark also.
e. Form- TM-48:
- An authorisation for that allows Trademark Agent/Attorney to file the Trademark application on behalf of the applicant.
- The form should be signed by the applicant.
f. Business Proof documents
- Certificate of Incorporation,
- Memorandum and Articles of Association,
- GST Certificate, if any,
g. User Affidavit
- To be prepared and attached in case of prior date use
- Include associated proof such as Invoices, Brochures, etc.
If having Udyam Registration Certificate/ Startup Recognition certificate issued by DPIIT:
Udyam Registration Certificate or Startup Recognition certificate: Issued by DPIIT, including the documents listed in the previous section.
4. Documents required for Trust / Society/ NGO/Association of Person/ HUF / Others
If having no Udyam Registration Certificate:
a. Basic Details such as Name of the Trust / Society/ NGO/Association of Person/ HUF / Others, Address, Mobile Number, Email Id, Website, if any
b. Identity Proof of the authorised signatory of the Trust / Society/ NGO/Association of Person/ HUF / Others , such as PAN Card
c. Address proof of the authorised signatory of the Trust / Society/ NGO/Association of Person/ HUF / Others , such as Aadhar Card
d. A Copy of Logo or Trademark (optional):
- The logo should be in JPEG or PNG format
- It can be colourful or black and white
- Size :8X8 cms.
- If the logo is not given, the application can be filed with the word mark also.
e. Form- TM-48:
- An authorization for that allows Trademark Agent/Attorney to file the Trademark application on behalf of the applicant.
- The form should be signed by the applicant.
f. Business Proof documents:
- Trust deed,
- Memorandum of Association of Society,
- HUF/AOP Deed,
- Registration Certificate or any other document evidencing the existence of the Organisation.
g. User affidavit
- To be prepared and attached in case of prior date use
- Include associated proof such as Invoices, Brochures, etc.
If having a Udyam Registration Certificate:
Udyam Registration Certificate, including the documents listed in the previous section.
5. Documents required for Statutory Body/ Government Department:
a. Basic Details such as Name of the Statutory Body/ Government Department, Address, Mobile Number, Email Id, Website, if any
b. Identity Proof of the authorised signatory of the Statutory Body/ Government Department such as PAN Card
c. Address proof of the authorised signatory of the Statutory Body/ Government Department such as Aadhar Card
d. A Copy of Logo or Trademark (optional):
- The logo should be in JPEG or PNG format
- It can be colourful or black and white
- Size :8X8 cms.
- If the logo is not given, the application can be filed with the word mark also.
e. Form- TM-48:
- An authorisation for that allows Trademark Agent/Attorney to file the Trademark application on behalf of the applicant.
- The form should be signed by the applicant.
f. Business Proof documents:
- Registration Certificate
- Any other document evidencing the existence of the Organisation.
g. User affidavit
- To be prepared and attached in case of prior date use
- Include associated proof such as Invoices, Brochures, etc.
Process for registering Trademark in India
Initial Trademark Search
Before starting with the registration process, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks. Search can be carried out online through the official website of the Trademarks Registry.
Prepare and Draft the Trademark Application
For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:
- A clear representation of the trademark
- Details of the applicant, including name, address, and nationality
- Description of goods or services associated with the trademark
- Date of first use (if applicable)
- Power of Attorney (if filed through an attorney)
- Digital Signature of the Applicant
The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.
Submit the Application
The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation.
Examination by the Trademarks Registry
The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.
Publication in the Trademarks Journal
If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).
Objection and Opposition Period
During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.
Registration Certificate
If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for the trademark. This certificate confirms your exclusive rights to the mark.
Conclusion on documents required for Trademark Registration
Trademark registration is the process of officially recording a trademark with a Trade Mark Registry Office to protect it from unauthorized use. The process involves conducting a trademark search, gathering necessary information such as a clear representation of the trademark and details of the applicant, completing and submitting the application online or at a local Trademarks Registry office. It is advisable to consult a trademark agent or attorney who can assist with the search, preparation, and filing of your trademark application
Are you looking for Trademark Registration? At Registration Arena, our expert team is here to guide you through the process. Contact us today to start the trademark registration process in India smoothly and efficiently.
