Documents required for trademark registration in india
Updated on : Feb. 17, 2023 - 5 p.m. 17 min read.
The rapid expansion in various businesses and technological advancements in various industries has led individuals and businesses to seek protection for their unique logos and trademarks through trademark registration. The trademark registration process can be carried out either physically or digitali. A critical aspect of the trademark registration process is ensuring that you have all the necessary documents required for trademark registration.
An incomplete trademark application will face difficulties during the trademark registration process. So it is very important to make sure that you submit the following required documents while applying for trademark registration in India.
Who can do trademark registration in India?
Trademark registration can be done by anyone from the list provided below –
- An Individual: An individual who is either a natural person or a sole proprietorship can file a trademark application in their own name.
- Start-up: Start-ups can also register trademarks for their logos brand names, and products. This provides them with legal protection and helps them to build a strong brand image.
- Micro, Small and Medium Enterprises (MSMEs): MSMEs can register trademarks for their products or services. This provides them with legal protection for their brand and helps to distinguish their products from others in the market.
- Sole Proprietorship: A sole proprietorship is a business owned and run by a single person. They can also register trademarks under their business name.
- Partnership firm/ Limited liability partnership: A partnership firm can file the trademark application in the name of the firm. In the case of a limited liability partnership, the trademark application can be filed in the name of the LLP.
- Private Limited Company: A private limited company or public limited company can file the trademark application in their company name.
- Hindu Undivided Family/NGO: A trust, Hindu Undivided Family, Association of Persons, or any other legal entity can also file a trademark application in their name.
What are the documents required for trademark registration?
INDIVIDUAL OR SOLE PROPRIETOR–
The following documents are required for trademark registration for an individual or sole proprietor in India in 2023:
- Proof of identity of the applicant: This can be a photocopy of the passport, PAN card or any other government-issued ID.
- Proof of address of the applicant: This can be a photocopy of a utility bill, bank statement or any other official document that proves the applicant's address.
- Trademark logo or design: A high-resolution digital copy of the trademark logo or design that is to be registered.
- Trademark application form: The trademark application form, which is available on the official website of the Trademark Registry in India.
- Specimen of the trademark: A specimen of the trademark as it would appear on the goods or services for which it is being registered.
- Power of attorney : A power of attorney may be required if trademark registration is being done through an agent.
- Declaration of User : A declaration of the user may be required if the trademark has been in use before the date of filing the application.
It is important to note that these requirements may vary based on the specific circumstances of each trademark registration and the regulations of the Trademark Registry in India. It is advisable to consult a trademark attorney for more information.
For a partnership firm in India in 2023, the following documents are required for trademark registration:
- Proof of the partnership firm's existence, such as the partnership deed.
- Proof of the identity of partners, such as PAN card and passport.
- Proof of address of the partnership firm, such as a recent utility bill or bank statement.
- The trademark application form (TM-A) is filled and signed by the authorized signatory of the partnership firm.
- Trademark class for the goods or services the partnership firm provides.
- Specimens of the trademark, such as a logo or label.
- Fees for trademark registration.
It is important to note that the above list is not exhaustive and additional documents may be required based on the specific circumstances of the partnership firm.
For a COMPANY in India in 2023, the following documents are required for trademark registration:
- Proof of identity of the applicant, such as a copy of a PAN card or passport.
- Proof of address, such as a recent utility bill or bank statement.
- A declaration of the authorized signatory, specifying their capacity to file the trademark application.
- A power of attorney (POA) in favor of the trademark attorney or agent, if applicable.
- The company's Memorandum of Association (MOA) and Article of Association (AOA).
- A copy of the certificate of incorporation.
- Details of the trademark, including the name, description, and representation of the trademark.
It's important to note that the documents may vary based on the type of company and the trademark being registered. Additionally, the Indian Trademark Office may ask for additional information or documents during the trademark registration process.
Online Trademark Registration Procedure
Step 1: Surf the internet for a brand name that is “wacky enough”
Step 2: Preparing a trademark application
Step 3: Filing the application for brand name registration
Step 4: Examining the process of the brand name application
Step 5: Publication of your brand in the Indian Trade Mark Journals
Step 6: Trademark Opposition
Step 7: Hearing on Trademark Opposition
Step 8: The trademark registration certificate issuance