Required Documents for Trademark Registration!

 

Trademark registration is an important tool for protecting a business from unauthorized use and infringement. The trademark registration online process in India has been simplified by the Indian government. Entrepreneurs can now readily register trademarks for their brands in a matter of months with correct trademark registration documents.

In this article, we'll look at the documentation needed to register a trademark in India.

Original documents are not required to be submitted throughout the trademark application procedure. The criterion could be satisfied using a scanned copy of the original document.

 

Sole Proprietorship & Individuals

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 required 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:

• A black-and-white copy of the logo is preferred (Optional). If a logo is not provided, a trademark application for the word can be submitted.
• Form-48: Form-48 is an authorization for a Trademark Attorney to file a trademark application on the applicant's behalf.
• Proof of the individual's or proprietor's identity.
• Proof of the individual's or proprietor's address.

 

Small Business or Startup: Partnership, Limited Liability Partnership, or Corporation

The cost of registering a trademark ranges from Rs.4500 to Rs.9500. The lower trademark fee of Rs.4500 applies to small businesses, startups, sole proprietorships, and individuals. 

The trademark government cost is Rs. 9500 for all other entities. The applicant must present a Udyog Aadhar registration certificate in order to be categorised as a small business. 

The following information, in addition to the Udyog Aadhar registration, will be required.

 

LLP/Company/Partnership

In the event of a partnership firm or limited liability partnership, the entrepreneur must provide the following documents:

• Signed Form-48 with a copy of the logo (optional).
• Certificate of Registration for Udyog Aadhar.
• Certificate of Incorporation or Partnership Deed
• Proof of Signatory's Identity
• Proof of Signatory Address

 

Applicants from other fields

To secure trademark registration in India, all other applicants, including companies that do not have a Udyog Aadhar number, must submit the following documentation.

• Signed Form-48 with a copy of the logo (optional).
• Certificate of Incorporation or Partnership Deed
• Proof of Signatory's Identity
• Proof of Signatory Address

 

Detail of all the Trademark Registration Documents

 

• Form of application

To begin, a properly completed application form must be submitted. Applicants must ensure that all essential portions of the form are completed in order for the evaluator to consider the applied trademark.

 

• Documents proving your identity, address, and nationality

Please be careful with your identification documents. Along with the application form, including proof of identification, address, and nationality. Provide documentation supporting the country in which the firm is registered, including the whole registered address, in the case of trademark registration for a company. 

Similarly, if you're registering a trademark for a partnership, you'll need to give all of the partners' ID, addresses, and nationality proving documents.

 

• Registration-related goods and services

The list of all goods and services for trademark registration is one of the most important papers required for trademark filing. In the case of specialised services or the intention to market specific goods, trademarks should be filed.

 

• Documents about the Trademark entity and a soft copy of the Trademark

Individuals who own a brand can often petition for a trademark in their name. Fashion designers, for example, can trademark their names as a brand. Trademark registration documents are examples of such paperwork. You can register a trademark under your selected brand name whether you are an individual, a small business, or a startup.

You must also submit a soft copy of the mark you wish to register together with the entity document.

 

• Information on applications in other countries

If you have a trademark application pending in another nation, send it along with the documentation required for trademark registration in India. 

Additionally, within two months of submitting the trademark application, submit a certified priority document or a legally notarized copy of the same to the Trademarks Office in the original. If the certificate is in a language other than English, submit it after translating it.

 

• Documents supporting the trademark's use

Another trademark registration documents is the usage document, which confirms the trademark's initial use in India. 

It is true if you've used the name, products, or services before properly registering the trademark. In this case, in addition to the supporting documentation, you must offer an affidavit attesting to such use.

 

• Agents legal procedures

Enlist the agent as a power of attorney if you hire an agent to help you with the trademark registration process. Submit a document naming the aforementioned person as a power of attorney.

There is no requirement to register a trademark under Indian intellectual property rules. Even if the applicant decides not to register a trademark, he or she has the right to launch a legal action against anyone who attempts to use your brand name without permission. 

However, because trademark registrations are relatively simple in comparison to other intellectual property that requires registration, such as patents, utility designs, and geographical indications, it is recommended to get the trademark registered by submitting the relevant paperwork.

 

Benefits of Trademark Registration

• Any entrepreneur who registers a trademark receives a proprietary right to the trademark and the ability to use it on their product or service.

• The entrepreneur who has registered the Trade Mark is relieved of the anxiety that others will not utilise his or her illegal trademarks.

• If a person has registered his Trade Mark, he can take legal action against any other dealers who use it.

• If we briefly discuss the advantages of Trade Mark registration, we will discover that the most significant advantage is the protection of the brand name.

• The entrepreneur or corporation can succeed in establishing its own place among its clients through entrepreneurship.

 

Frequently Asked Questions

Who Is Eligible to File a Trademark Application?

A trademark can be applied for by any individual entrepreneur, company, sole proprietorship, partnership, or other established body. The Trademark Application Form is available on the Government of India's official website, IPI India. 

The entrepreneur can use the ® sign for his business or product after filing the application in the appropriate format and submitting it to the Registrar of Trademark Office. 

It can take anything from one to 10 years to two years to complete the requirements for trademark registration; in the meantime, the firm, entrepreneur, or any other legal entity has registered for trademark registration using the sign. 

The ® sign can be used after Trade Mark registration is completed.

When a Trade Mark registration is finished, the Government of India issues a certificate in the applicant company's or person's name, which is valid for the following ten years. It is also renewed every ten years.

 

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

Yes, submitting a Power of Attorney while applying on behalf of an Applicant is required. If the Power of Attorney is filed on behalf of the applicant, it only has to be signed by the applicant. A trademark application can also be filed by the applicant on his own.

 

What is DSC?

Digital Signature Certificate (DSC) is an acronym for Digital Signature Certificate. DSC is issued by the Certifying Authority (CA). Digital signatures are in the best interests of organisations and individuals because they give a high level of security. By using a Digital Signature, it also secures the privacy of the information shared in your online transactions.