Documentation for Trademark Registration
This article provides comprehensive insights into the documentation required for trademark registration in India, encompassing various applicant types, including individuals, sole proprietorships, partnership firms, and companies or limited liability partnerships (LLPs). The process involves distinct sets of documents and specifications, such as address proof, aadhar card, digital signature, trademark entities details, partnership deeds, KYC for partners, certificates of incorporation, trademark descriptions, and legal documentation. The article guides applicants through the specific requirements for each category, emphasizing the importance of accurate and complete documentation for successful trademark registration.
In India, you can register words, logos, numbers, slogans, devices, and more as trademarks. The legal right of exclusivity for use of the mark is granted to the trademark owner upon registration. To register a trademark, certain documents are required for verification and approval of the applicant and the trademark. These documents are different according to the applicant.
Individuals & Sole Proprietorship:
In India, anyone can easily register a trademark, whether they are an Indian or a foreigner. A legal company or corporate entity is not necessary to register a trademark. Also, the documentation needed to register a trademark in a proprietorship's name is the same as the paperwork needed to register a trademark in an individual's name;
Address Proof: In addition, you'll need an Aadhar card, a passport, a driver's license, and a digital signature to sign the application.
The following documents are related to trademark entities: You must send a copy of the writing you want to trademark. If the idea is expressed in a local tongue, an English translation of every word must be provided alongside the original text. A soft copy must be sent if you want to register a logo, design, piece of music, or sound. You don't need a logo to register a word as a trademark. The logo or design must be 8X8 centimeters in size, in JPG or PNG format must be constructed entirely in black and white.
Form TM-A or an equivalent form is necessary for legal authority. The completion and signature of a Form 48 authorization are required if the first applicant does not apply. It is crucial to keep in mind that Form 48 needs to be signed by a specified person, such as a trademark lawyer or an agent. Giving universal authorization in a company's name is prohibited. Anyone can register a trademark in India, whether they are Indian or not. The paperwork needed to register a trademark in a proprietorship's name is the same as the paperwork needed to register a trademark in an individual's name. The applicant must provide their address, name, and nationality as evidence of who they are—the individual or proprietor.
Partnership Firms :
- The paperwork for a partnership firm
- A registered partnership deed for a partnership firm, with an attested copy.
- KYC, which includes PAN cards, Aadhar cards, and other documents, must be provided by all partners.
- Partnership firm has registered for GST, GST must be applied.
- Provide a logo if one is available unless a word mark is being registered.
- A trademark description is a description of a good or service that is covered by a trademark.
- Legal Documentation: MSME (if applicable), Form-48 (Power of Attorney), and Invoices are required (not older than 2 months).
Company/ Limited Liability Partnerships (LLP):
- An LLP firm must produce a copy of the LLP certificate and the company must produce a certificate of incorporation that has been properly authenticated.
- TM form or another application form of any kind.
- You need a digital signature certificate to submit an online trademark registration application (DSC).
- Ideally, a soft-type logo would be black and white. You don't require a logo to trademark a word.
- An inventory of the products and/or services that need to be registered.
- An English translation will be needed if the mark contains any non-English terms.
- This is the day the trademark will be used for the first time in India if a Form-48 is signed. A Trademark was granted permission by Form-48 to submit a trademark application on the applicant's behalf.
- Certificate of Incorporation or Certificate of Partnership Registration for Udyog Aadhaar for Petitioner Identification.
- Legal Assistance: For applications submitted through an outside agency, Form 48 is necessary. It demands the authentication of the signatory's identity and address. Further legal documents, such as Bills and MSME (where relevant), are necessary (not older than 2 months).
- Use Document An affidavit stating the date of first use in India must be given if the branded item or other material was used in India before registration.
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