A Trademark Registration is a method of protection towards an Intellectual Property (Trademark).
A Trademark differentiates various products and services proposed by one business firm and another. It also designates a brand value to them in the market. This indirectly adds a quality value to all the products.
The
online trademark registration process in India is easy but long. It needs that the owner files an application and attach all the essential documents to get the privilege. In this article, we examine the documents required for Trademark Registration for different business types.
A trademark grants a “brand name” to the product and services linked with the same firm. It provides an identity to the company which is unique and cannot be utilized by any other company.
The proprietor of the registered trademark has the power and the exclusive rights to the trademark. The trademark assures a unique identity to the business. The customers can trust the goods and services produced by the company.
The registered trademark describes itself as a symbol for the organization. No other organization can use the same to distinguish its product or services.
Who can file a trademark application in India?
Any person demanding to be the proprietor of a trademark may file an application for the Trademark registration. Generally, the person who uses or manages the use of the mark is the owner of the mark.
The documents needed for the trademark registration process depend upon the kind of the organization. Following are the documents needed for trademark registration according to the different kinds of organization:
For this section of applicants, it is not needed to form a legal entity to register the trademark in its name. The following are the documents needed for any Indian National individual or Foreign National person being the Sole Proprietor:
- A Copy of Logo or Trademark: The copy of the logo shall be in JPEG or PNG format. It can be colorful or black and white with a size dimension of 8X8 cm.
- Form 48: It is an authorization given by the candidate to a Trademark Agent/Attorney. It is used to file the Trademark application on behalf of the applicant. The form should be signed by the applicant. The form should be acknowledged by the applicant.
- Identity Proof of the Proprietor
- Address proof of the Proprietor
Documents needed for Partnership or Limited Liability Partnership (LLP) or Private Limited. It can be either Small Enterprise (Having Udyog Aadhar) or an Acknowledged Startup by DPIIT:
The Government of India recognizes the potential of Small Enterprises, MSMEs, and Startups. Trademark Registration presents a unique identity among the crowds for MSME and Startups. It also operates as a defensive tool against loss of goodwill, brand image, and reputation. This turns to a safer more stable market in the long run.
To be suitable for the status of a small enterprise, the applicant has to present an Udhyog Aadhaar registration certificate. Whereas For Startups, a certificate assigned by DPIIT. In addition to that, these documents are also needed for Trademark Registration:
- A Copy of Logo or Trademark: The copy of the logo shall be in JPEG or PNG format. It can be colorful or black and white with a size dimension of 8X8 cm.
- Form 48: It is an authorization given by the candidate to a Trademark Agent/Attorney. It is used to file the Trademark application on behalf of the applicant. The form should be signed by the applicant. The form should be acknowledged by the applicant.
- Udyog Aadhaar Registration Certificate or Startup Recognition certificate authorized by DPIIT.
- Partnership deed or Certificate of Incorporation of Company or LLP Incorporation Certificate.
- Identity Proof of the Proprietor
- Address proof of the Proprietor
After completion of the trademark registration process, you can perform trademark registration status to check the status of the process.
Documents needed for Partnership or Private Limited (other than Small Enterprise or Limited Liability Partnership (LLP) or Recognised Startup by DPIIT:
Those candidates who are not Recognised Startup by DPIIT, is supposed to present the following documents:
- A Copy of Logo or Trademark: The copy of the logo shall be in JPEG or PNG format. It can be colorful or black and white with a size dimension of 8X8 cm.
- Form48: It is an authorization given by the applicant to a Trademark registration agency. It is used to file the Trademark application on behalf of the applicant. The form should be signed by the applicant.
- Partnership deed or Certificate of Incorporation of Company or LLP Incorporation Certificate.
- Identity proof of the Authorised Signatory of organization.
- Address proof of the Authorised Signatory of organization.
Documents needed for Trust/ Society/ Statutory Body/ Government Department/Association of Person/ UF / Others– which is Small Enterprise (Having Udyog Aadhar):
To be applicable for the status of a small enterprise, the candidate has to present a Udyog Aadhar registration certificate. In addition to that, these documents are also needed for Trademark Registration:
- A Copy of Logo or Trademark: The copy of the logo shall be in JPEG or PNG format. It can be colorful or black and white with a size dimension of 8X8 cm.
- Form 48: It is an authorization given by the candidate to a Trademark Agent/Attorney. It is used to file the Trademark application on behalf of the applicant. The form should be signed by the applicant.
- Udyog Aadhaar Registration Certificate.
- Trust deed or Registration Certificate or any other document evidencing the existence of Organisation.
- Identity proof of the Authorised Signatory of organization.
- Address proof of the Authorised Signatory of organization.
You can perform the trademark registration search before beginning the process to avoid any conflict.
Documents needed for Trust / Society/ Statutory Body/ Government Department/Association of Person/ HUF / Others:
Those applicants who do not have the Udyog Aadhar Certificate are supposed to submit the documents mentioned below:
- A Copy of Logo or Trademark: The copy of the logo shall be in JPEG or PNG format. It can be colorful or black and white with a size dimension of 8X8 cm.
- Form 48: It is an authorization given by the candidate to a Trademark Agent/Attorney. It is used to file the Trademark application on behalf of the applicant. The form should be acknowledged by the applicant for online trademark registration.
- Registration Certificate or Trust deed or any other document evidencing existing of Organisation.
- Identity proof of the Authorised Signatory of organization.
- Address proof of the Authorised Signatory of organization.
Legal process for agents
In case of obtaining the services of an agent for the trademark registration procedure, enlist the agent as power of attorney. Submit a document declaring the said individual as power of attorney.
As per the intellectual property laws in India, there is no order that you must enroll a trademark. Even if the applicant chooses against registering a trademark, the right to file a legal case against an individual is enabled for applicants. The government trademark registration fees for Trademark registrations are as below:
- In the case of an Individual/Startup/Small Enterprise, the charges for E-Filing would be 4500. While the physical filing charges would be 5000.
- In all other cases, E-Filing charges would be 9000 and for physical filing, charges would be 10000.
