While applying for Trademark registration, you will be required to submit documents based on the type of applicant category you fall under. There are broadly two categories- Individual and Company. Trademark registration distinguishes a product or service of your company from that of other companies while also allowing you to exercise your legal rights in case of an infringement. During the trademark application process, there is no requirement for submitting original documents, a scan copy of the original document would suffice the requirement.
Documents required to be submitted by Individuals & Sole Proprietors for trademark registration
Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:
- Form TM-A or any other applicable form. You can find all the amounts payable for the corresponding forms here.
- DSC if you are e-filing Trademark
- Soft Copy of the logo, preferably in black & white (Optional). In case you wish to trademark a word, a logo is not necessary.
- A list of goods and/or services for which registration will be required.
- If the mark contains or consists of non-English words, a translation of those words into English will also be required.
- Date of first use of the trademark in India, if at all used
- Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark for filing the trademark application on his/her behalf.
- Identity Proof of the individual or Proprietor- The name, address, and nationality of the applicant
- Address Proof of the individual or Proprietor- Copy of Aadhaar or PAN or Passport
Documents required to be submitted by Partnership Firms/ LLP / Companies – Small Enterprises or Startups for trademark registration
If the applicant is a partnership firm the names of all the partners is required, but if it is a Limited Liability Partnership (LLP) the application for registration of a trademark must be made in the name of the LLP. If the applicant is a company, then they require the state or country of incorporation of the company. They also require the complete registered address. In the case of Society or Trust, they should make the application in the name of the Managing Trustee or Chairman or Secretary. This should represent the Trust or Society.
The following documents need to be submitted:-
- Form TM-A or any other applicable form. You can find all the amounts payable for the corresponding forms here.
- DSC in case you are e-filing Trademark
- Soft Copy of the logo, preferably in black & white (Optional). In case you wish to trademark a word, a logo is not necessary.
- A list of goods and/or services for which registration will be required.
- If the mark contains or consists of non-English words, a translation of those words into English will also be required.
- Date of first use of the trademark in India, if at all used
- Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark for filing the trademark application on his/her behalf.
- Udyog Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory- Copy of Aadhaar or PAN or Passport
FAQs
Yes, It is mandatory to submit a Power of Attorney at the time of filing the application on behalf of an Applicant. The Power of Attorney needs to be simply signed by the Applicant if its filed on behalf of the applicant. The applicant can also file a trademark application on his own.
DSC stands for Digital Signature Certificate. Certifying Authority (CA) issues DSC. It is in the best interest of the businesses and individuals to apply for digital signature as it provides you high level of security. It also ensures the privacy of the information for your online transactions exchanged by using a Digital Signature.
Udyog Aadhaar registration is a government registration that provides a recognition certificate and a unique number in order to certify small/medium businesses or enterprises.
Hey @Dia_malhotra, Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.