Trademark Registration Documents in India

Trademark Registration Documents in India

With the sudden growth of different businesses and technological advancements in different industries, individuals and businesses are pursuing protection for their creative logos and trademarks through trademark registration in India. One can file a trademark physically or electronically. One of the most essential parts is the checklist of documents required for trademark registration. 
An incomplete trademark application struggles throughout the trademark registration process. Therefore, one must ensure to file the below list of documents while pursuing trademark registration in India.
An important tool for protecting a business from unauthorized use and infringement is known as Trademark registration.
This process in India has been simplified by the Indian government. Entrepreneurs can now easily register trademarks for their brands in a matter of months. In this article, we’ll look at the documentation needed to register a trademark in India. Nowadays, trademark registration is a major worry for everyone. However, not everyone is aware of the many categories of applicant’s document requirements. For your convenience, we’ve included a quick list of all the different types of applicants. Note that original papers are not required to be submitted as part of the trademark application procedure.

Who can do trademark registration in India?

The criterion could be met by scanning a copy of the original document. Thus, it become important to categorize the applicant first. Applicant can be categorized as
1. Individual
2. Sole proprietor
3. Partnership firm
4. MSME
5. LLP
6. Company  

INDIVIDUAL OR SOLE PROPRIETOR

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:
1. PAN Card of individual or sole proprietor
2. AADHAR Card of individual or sole proprietor
3. Trademark description – description of goods or services
4. Form -48 (POA)
5. Mobile no.
6. Email id
7. Date of use
8. GST (if any)- if the individual or sole proprietor firm has taken GST in its Name , it must be used.
9. LOGO (if any) except in case of registering of word mark, mention the logo if any logo is there,
10. MSME (if any)
11. BILLS (if any)

PARTNERSHIP FIRM

Documents required for registering trademark on behalf of partnership firm are –
1. KYC of all the partners such as PAN Card, Aadhar card etc.
2. GST (if any)- if the partnership firm has taken GST in its Name , it must be used.
3. LOGO (if any)- except in case of registering of word mark, mention the logo if any logo is there,
4. Trademark description- description of goods or services
5. Form -48 (POA)
6. Mobile no.
7. Email id
8. Date of use
9. MSME (if any)
10. Partnership deed
11. BILLS (if any)

COMPANY

Documents required for registering trademark on behalf of company are –
1. KYC Of partners – of all the partners such as PAN Card, Aadhar card etc.
2. GST (if any) if the Company has taken GST in its Name , it must be used.
3. LOGO (if any)- except in case of registering of word mark, mention the logo if any logo is there,
4. Trademark description- description of goods or services
5. Form -48 (POA)
6. Mobile no.
7. Email id
8. Date of use
9. MSME (if any)
10. COI-certificate of incorporation
11. BILLS (if any)

Start-up 

If the trademark registration is done as a start-up then one is required to provide the Certificate of recognition issued by the Department for Promotion of Industry and Internal Trade (DPIIT)

Micro, Small and Medium Enterprises 

If the trademark registration is done by a Micro, Small or Medium Enterprise then they should provide the Udyam Aadhar Registration Certificate issued by the Ministry of Micro, Small and Medium Enterprises (MSME). 

Hindu Undivided Family (HUF)

The following list of documents is provided when a trademark application is applied by a HUF –
Deed of the constitution of HUF or
Pan Card of HUF

Society

If a society is pursuing the procedure for trademark registration then it shall submit the Certificate Of Registration issued by the registrar of Co-operative Societies. 

 Trust

A trademark application filed by a trust should furnish the following documents as valid proof of its identity.
Trust Deed duly executed on a stamp paper or;
Trust Registration certificate or;
Pan Card in the name of the Trust

Common documents required for trademark registration for all types of businesses

The following list of documents is to be submitted by those individuals or business entities based on applicability and needs of the applicant

Power of Authorization of an Agent

Every trademark application which is being managed by a lawyer or a registered trademark agent should consist of a Power of Authorization of an Agent.

Graphical Representation of trademark

Representation of trademark influences consumer behaviour and preferences therefore it is advisable to always choose a mark that is capable of graphical representation.

User Affidavit

This document is to be attached with a trademark application when the applicant claims a date of first use of the trademark. Along with the user affidavit, the applicant shall also submit relevant supporting documents to prove the date of first use. (some of the supporting documents or evidence for proving the date of early use can be commercial invoices; business formation-related certificates etc.)


Created & Posted by Sony Garg

Accountant at TAXAJ


TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/Business, Trademark & Brand Registration, Digital Marketing, E-Stamp Paper Online, Closure of Business, Legal Services, Payroll Services, etc. For any further queries related to this or anything else visit TAXAJ

 

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