Documents Required for Trade Mark Registration

 




Documents Required for Trade Mark Registration

For Individuals and Sole Owners-


Name and Address of the Individual/Proprietor.


JPEG file of your logo in case of filing a logo mark.

A copy of the text you’d want to trademark. If the trademark language is in any language other than Hindi or English, the original text must be accompanied by an English translation and transliteration of all the terms.


Documentation supporting the trademark’s use: If the brand/trademark is already in use, there is a provision to file your application claiming the use of the trademark since the first date of its use. It is mandatory to submit an affidavit stating the date of first use in India (of the trademarked goods or services) prior to trademark registration along with its supporting proof of use.


Registrable Goods and Services: There are various goods and services in the market and the same are divided into trademark classification from Class 1 to Class 45. Class 1 to Class 34 consists of manufactured goods and Class 35 to 45 covers all types of services. While filing your new trademark application it is very importantto file in correct class with appropriate goods or services.


Authority in the Law: An authorization letter must be filed if the original applicant does not submit the application. It’s vital to note that authorization letter requires the authorization of a certain individual, such as a trademark attorney or an agent. It is not possible to get a general authorization in the name of a company other than trademark attorney or a registered trademark agent.


For Partnership Firms and LLP Firms:


Partnership Firm’s Name and its Partners Names: In a partnership company filing a trademark application, all of the partner’s names must be included in the application whereas for an LLP only the firm name can be used as Applicant Name.


Registration of Goods and Services: A detailed list of the items/services for which the registration is sought as per the class applying for.


Use Document: An affidavit stating the date of first use in India must be filed if the goods or services to be trademarked is in use (or has been used) in India prior to registration.


Authority in the Law: For applications submitted through an external agency, anauthorisation letter is required.


Documents for Society:


Registration of Goods and Services: A detailed list of the goods/services for which the registration is sought as per the class applying for as per the classification of goods and services.


Use Document: An affidavit stating the date of first use in India must be filed if the goods or services to be trademarked is in use (or has been used) in India prior to registration.


Authority in the Law: For applications submitted through an external agency, anauthorisation letter is required.

The following papers are necessary in order to claim 50% waiver in the government fees:-

If your organisation is registered with DPIIT and you hold a DPIIT certificate of recognition for start-ups you can avail benefits of 50% discount on the government fee.


AnUdyamAadhar/MSME registration certificate is also a valid certificate to claim the discount as per first schedule of the Trade Mark Rules 2017.

What can you register as a Trademark in India?


Any mark that can make your firm or business activity outstand the others and graphically presented can be registered as a trademark in India. 

Important things to know before getting Trademark Registration

Choose your Mark Carefully!


You must ensure that your mark is capable of distinguishing your company. If you are starting out or have a small business, you must pick your mark carefully. While a small number of startups find it simple to connect with a well-known brand, this is not a fair approach.


Select your Class


The first step in registering a trademark is to choose an acceptable class for trademark protection. In all, the trademark register comprises 45 classifications covering specific services and specifications. Choose the most relevant category for your company’s activity.

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