Documents Required for Trademark Registration

A Trademark Registration is a means of protection towards an Intellectual Property (Trademark). A Trademark distinguishes various products and services offered by one business firm and another. It also assigns a brand value to them in the market. This indirectly attaches a quality value to all the products. The process of applying for the trademark is simple but long and it requires that the owner file an application and attach all the necessary documents to get the privilege. In this article we discuss the documents required for Trademark Registration for various business types.

A trademark offers a “brand name” to the product and services associated with the same firm. It gives an identity to the company which is special and cannot be used by any other company. The owner of the registered trademark has the power and the exclusive rights to the trademark. The trademark ensures a unique identity to the company in the sense that the customers can trust on the goods and services provided by the company. The registered trademark represents itself as a symbol for the association. No other organization can use the same to differentiate its product or services.

The documents required for trademark registration depend upon the type of the organisation. Following are the documents required for trademark registration according to the various types of organisation :

• Proprietorship Firm or Sole Proprietor or Individual (Documents Required for Trademark Registration) :

For this category of applicant, it is not required to form a legal entity or a business entity to register the trademark in its name. The following are the documents required for any Indian National or Foreign National person being the Sole Proprietor:

1. • A Copy of Logo or Trademark (optional) : The copy of logo shall be in JPEG or PNG format and it can be colourful or black and white with size dimension of 8X8 cms. If the logo is not given, the application can be filed with the word mark also.

1. • Form- TM-48 : The Form – TM-48 an authorisation given by applicant to a Trademark Agent/Attorney to file the Trademark application on behalf of the applicant. The form should be signed by the applicant.

1. • Identity Proof of the Proprietor or owner of the firm.
2. • Address proof of the Proprietor or owner of the firm.

• Partnership or Limited Liability Partnership (LLP) or Private Limited – which is Small Enterprise (Having Udyog Aadhar) or Recognised Startup by DPIIT (Documents Required) :

The Government of India realizes the potential of Small Enterprises, MSMEs and Startups for generation of wealth and creation of employment opportunities. Trademark Registration not only provides unique identity among the masses for MSME and Startups but also acts as a defensive tool against loss of goodwill, brand image and reputation. This translates to a safer more stable business in the long run.

To be applicable for the status of small enterprise, the applicant has to provide an Udhyog Aadhaar registration certificate and for Startups, a certificate issued by DPIIT. In addition to that, these documents are also required for Trademark Registration:

1. • A Copy of Logo or Trademark (optional) : The copy of logo shall be in JPEG or PNG format and it can be colourful or black and white with size dimension of 8X8 cms. If the logo is not given, the application can be filed with the word mark also.
2. • Form- TM-48 : The Form – TM-48 an authorisation given by applicant to a Trademark Agent/Attorney to file the Trademark application on behalf of the applicant. The form should be signed by the applicant.
3. • Udyog Aadhaar Registration Certificate or Startup Recognition certificate issued by DPIIT.
4. • Partnership deed or LLP Incorporation Certificate or Certificate of Incorporation of Company.
5. • Identity proof of the Authorised Signatory of organisation.
6. • Address proof of the Authorised Signatory of organisation.

• Partnership or Limited Liability Partnership (LLP) or Private Limited (other than Small Enterprise or Recognised Startup by DPIIT) (Documents Required) :

Those applicants who do not have the Udyog Aadhar Certificate or is not Recognised Startup by DPIIT, is supposed to submit the following documents:

1. • A Copy of Logo or Trademark (optional) : The copy of logo shall be in JPEG or PNG format and it can be colourful or black and white with size dimension of 8X8 cm. If the logo is not given, the application can be filed with the word mark also.
2. • Form- TM-48 : The Form – TM-48 an authorisation given by applicant to a Trademark Agent/Attorney to file the Trademark application on behalf of the applicant. The form should be signed by the applicant.
3. • Partnership deed or LLP Incorporation Certificate or Certificate of Incorporation of Company.
4. • Identity proof of the Authorised Signatory of organisation.
5. • Address proof of the Authorised Signatory of organisation.

• Trust/ Society/ Statutory Body/ Government Department/Association of Person/ UF / Others– which is Small Enterprise (Having Udyog Aadhar) (Documents Required) :

To be applicable for the status of small enterprise, the applicant has to provide an Udyog Aadhar registration certificate. In addition to that, these documents are also required for Trademark Registration:

1. • A Copy of Logo or Trademark (optional) : The copy of logo shall be in JPEG or PNG format and it can be colourful or black and white with size dimension of 8X8 cms. If the logo is not given, the application can be filed with the word mark also.
2. • Form- TM-48 : The Form – TM-48 an authorisation given by applicant to a Trademark Agent/Attorney to file the Trademark application on behalf of the applicant. The form should be signed by the applicant.
3. • Udyog Aadhaar Registration Certificate.
4. • Trust deed or Registration Certificate or any other document evidencing existence of Organisation.
5. • Identity proof of the Authorised Signatory of organisation.
6. • Address proof of the Authorised Signatory of organisation

• Trust / Society/ Statutory Body/ Government Department/Association of Person/ HUF / Others (Documents Required for Trademark Registration) :

Those applicants who do not have the Udyog Aadhar Certificate is supposed to submit the following documents :

1. • A Copy of Logo or Trademark (optional) : The copy of logo shall be in JPEG or PNG format and it can be colourful or black and white with size dimension of 8X8 cms. If the logo is not given, the application can be filed with the word mark also.
2. • Form- TM-48 : The Form – TM-48 an authorisation given by applicant to a Trademark Agent/Attorney to file the Trademark application on behalf of the applicant. The form should be signed by the applicant.
3. • Trust deed or Registration Certificate or any other document evidencing existing of Organisation.
4. • Identity proof of the Authorised Signatory of organisation.
5. • Address proof of the Authorised Signatory of organisation