An Overview of Trademark
A trademark gives a brand name to the products and services associated with the same business. It provides a unique identification to the company or business that no other company or firm can use or copy. The owner of a registered trademark has exclusive rights to protect the trademark. The registered trademark ensures that the company has a distinct identity in the sense that customers can trust the products and services provided by the company, and the trademark serves as a symbol for the association, and no other company can use the same registered trademark to distinguish its products and services.
Types of trademarks in India
A product’s trademark.
Service mark, which is only applicable to businesses that provide services.
The owner of a certification trademark certifies goods and services for the material, method of manufacture, origin, and quality.
A collective trademark is registered in the name of a group, association, or other organization for the members’ exclusive commercial use.
Documents Required For Trademark Registration in India
The government of India has simplified the trademark registration procedure, which is an important tool for combating trademark infringement and unauthorized use. Scanned copies of the required documents may be attached to an e-application. The department provides a well-documented manual that potential applicants can use as a guide. In addition to the documents identifying the trademarked entity, identity proof, a few declarations, and status papers are required when submitting a trademark registration application.
The documents required are:
Identification proof of the signatory
Address proof of the signatory
Business proof (depends on the type of business)
Udyog Aadhar/MSME registration certificate (optional)
Individual and sole proprietorship documents
- Identity and nationality proof: Votes-id, valid passport, mentioning name and date of birth are required.
- Address Proof: It also requires an Aadhar card, a valid passport, and a valid driving license, as well as a digital signature for signing the application form.
- Documents pertaining to trademark entities: It is necessary to submit a copy of the text you wish to trademark. If the point is written in a vernacular language, an English translation of all the words must be included with the original text. If you want to register a logo, design, music, or sound, you must submit a soft copy of it. If you want to trademark a word, you don’t need a logo. The logo or design should be composed in black and white in JPEG / PNG format and 8X8 cm in size.
- Documentation supporting the trademark’s use: An affidavit stating the date of first use in India prior to trademark registration, if applicable.
- Registration of Goods and Services: An exhaustive list of the goods and services for which the trademark registration is sought.
- Legal Authority: Form TM-A or an equivalent form is required. If the original applicant does not submit the application, a Form 48 authorization must be completed and signed. It is critical to remember that a specific individual, such as a trademark attorney or an agent, must be authorized in Form 48. It is not permitted to grant general authorization in the name of a company. Anyone, Indian or foreign, can register a trademark in India. The documents required to register a trademark in the name of a proprietorship are the same as those required to register a trademark in the name of an individual. As proof of the individual or proprietor, the applicant’s address, name, and nationality are required.
Documents for Business Entities
- Documents for Partnership firm
- An attested copy of the registered partnership deed for a partnership firm.
- All partners must provide KYC, which includes PAN cards, Aadhar cards, and so on.
- GST must be used if the partnership firm has registered for it.
- Unless a word mark is being registered, include a logo if one is available.
- A trademark description is a description of a trademark-protected product or service.
- Legal Documentation: Form-48 (Power of Attorney), MSME (if applicable), and Bills are required (not older than 2 months).
Documents for company/ Limited Liability Partnerships (LLP)
- A duly attested copy of the LLP certificate and incorporation certificate must be provided by an LLP firm.
- TM form or any other type of application form.
- If you file for trademark registration online, you must have a digital signature certificate (DSC).
- Soft type logo, ideally in black and white. If you want to trademark a word, you don’t need a logo.
- A list of goods and/or services that must be registered.
- If the mark includes or consists of non-English terms, an English translation will be required.
- If a Form-48 is signed, this is the date when the trademark will be used for the first time in India. Form-48 delegated authority to a Trademark to file a trademark application on behalf of the applicant.
- Registration for Udyog Aadhaar Certificate of Incorporation or Certificate of Partnership for Identification of the Petitioner.
- Legal Support: Form 48 is required for applications submitted through an external agency. It necessitates the signatory’s identity and address verification. Other legal documents, such as MSME (if applicable) and Bills, are required (not older than 2 months).
- Use Document: If the trademarked product or other matter was in use in India prior to registration, an affidavit stating the date of first use in India must be submitted.
Documents for Trust/Society/Association of Persons/Small Enterprises
- Trust deed, registration certificate, or any other proof of the organization’s existence. It requires a certificate of incorporation or partnership agreement, as well as information about the business.
- A Udyog Aadhar registration certificate is required for a small business.
- Address, identity, and contact information for the applicant, as well as proof of address from the company, are required as identity proof documents.
- It is necessary to have a duplicate of the trademark or emblem that is identical to the original.
Is it Necessary to file a Power of Attorney with a Trademark application?
When filing an application on behalf of an Applicant, a Power of Attorney must be submitted. The Applicant must simply sign the Power of Attorney.
Is it Necessary to Submit a “Statement of Use” with the Application?
The trademark application can be filed either claiming usage from a date prior to the filing date of the application or on the basis of Proposed to be used. If the Applicant wishes to file an application claiming use of the mark in India prior to the date of filing of the application, an affidavit, along with supporting documents, must also be filed. The authorized signatory must sign the affidavit and have it notarized by a Notary Public. If the Applicant wishes to file an application on the basis of Proposed to be used, an affidavit substantiating use is not required.