Documents Required for Trademark Registration

With the growth and expansion of the business and the technological advancement in the different industries the business moves forward to register their brands and get the legal protection through trademark registration which can be filed either physically or electronically.

In this write-up we will read about all the documents which are required for Trademark Registration.

What is Trademark?

A Trademark is the type of Intellectual Property Right (IPR) which helps to identify and distinguish the goods or services from the other. The owner of the trademark can be an individual, Body Corporate or any legal entity.

In the layman language a trademark is a unique symbol, logo, design colour or words used to represent a business or its products or services.

Who can do trademark Registration in India?

The Trademark Registration can be done by anyone from the list below-

·        An Individual

·        A start-up

·        MSME

·        Partnership Firm or LLP

·        Hindu Undivided Family

·        Non-Profit Organization

What are the Documents Required for Trademark Registration?

·        As an Individual

A copy of Aadhaar card / PAN Card

NOTE: It is not compulsory to submit a self-attested copy of Aadhaar card or PAN card

·        As a Start-up

If the trademark registration is done by the start-up than it is required to provide the certificate of recognition issued by the Department for Promotion of Industry and Internal Trade (DPIIT)

·        As a Micro, Small and Medium Enterprise

If the trademark registration is done by MSME, then they should provide Udyam Adhaar Registration Certificate issued by Ministry of MSME.

·        As a Private Limited Company

If the trademark application is filed by the Private Limited Company Certificate of Incorporation must be filed by the applicant.

Documents required for trademark registration for all types of businesses

·        Power of Attorney of an Agent

Trademark Application can also be managed by the trademark expert on behalf of the proprietor shall be entitled to give POA.

Some of the important point to remember while Trademark Registration are as follows:

·       The Trademark can be filed to the TM department either physically or electronically. In case of electronic filing of trademark Digital Signature Certificate (DSC) is required. Whereas an offline application can be filed at the Trademark Registry’s Regional Office.

·       Prior to filing of application, it is advised to check the Trademark Registry to ensure that the proposed name has not been already registered and in conflict with the other existing trademark.

·       Once the application is completed the TM department shall publish it in the trademark journal. This will allow the public to raise opposition against the filed trademark.

Conclusion

Trademark registration is way to protect your brand name from infringement and duplication. It helps to create an image of your product which is to be identified by your logo or registered mark. In this scenario, trademark registration becomes more important part. It is a simple process, and few documents are required for trademark registration, which can be used to build a successful and trustworthy relationship with customers.

For bootstrap startups which are always surrounded by the financial constraints trademarks are a cost-effective way of protecting a company’s intangible assets, such as its brand name and logo, from abuse and infringement. The Trademark Registration is a simple procedure that requires only a few documents and can assist you in developing a profitable and dependable relationship with your brands. The trademark professionals’ experts at Compliance Calendar LLP will not only assist you in registering a trademark but will also provide you with all the necessary information about the documents required for trademark registration in India. They have a wealth of experience and have worked with a diverse range of clients.

Frequently Asked Question (FAQs)

Ques1. Is it Necessary to file a Power of Attorney with a Trademark application?

Ans. When filing an application on behalf of an Applicant, a Power of Attorney must be submitted. The Applicant must simply sign the POA in favour of Trademark agent.

Ques2. Which form is used to file a counter statement for trademark opposition filed by the public after advertisement in trademark Journal?

Ans. Counter statement for Trademark Opposition is to be filed in form TM-O along with the prescribed fees. This counter statement is to be filed within 2 months.