With the exponential growth of businesses as well as technological advancements in various economic sectors, most business entities seek protection for their Brand Image in the market. The said protection can be achieved by availing of trademark registration services in India. A Business can file for a trademark registration both materially and digitally. One of the foremost steps towards the registration procedure is the required documentation submission along with the trademark application.
Poorly compiled documentation renders an incomplete trademark application which in turn struggles through the registration process. Therefore, the applicant must file the proper documents for successful trademark registration in India.
Eligible Entities for Trademark Registration in India
Before learning how to register logo trademark in India, you must check your required eligibilities as a Trademark applicant. The following entities are eligible to file for trademark logo registration in India:
Each of these entities has a slight distinction in their Trademark Registration documents requirements. The applicant must also be aware of the Trademark Registration Govt fees in India. In the following content, we have detailed both the common as well as specific document requirements for different businesses in India.
Common Documentation Requirement for Trademark Registration for all business types
The following documents must be submitted by every kind of corporate applicant based on their applicability:
Power of Attorney
Every trademark applicant, with the aid of a lawyer or a registered Trademark Agent, must arrange for a Power of Authority for that particular Agent.
Representation of Trademark Logo
The Trademark of a Brand or a Company influences its consumer behaviour and their preferences. Therefore, choosing a trademark logo capable of suitable graphical representation is advisable.
Trademark Proprietor Affidavit
The trademark applicant must attach the Proprietor Affidavit with a trademark application when he claims a date of first use of that trademark. The applicant must also submit relevant supporting documents to prove its date of first use. You can use the following receipts as supporting documents for providing proof of the date for first use:
Specific Documents Requirement as per Business Types
We have enlisted different documentation requirements for all the eligible corporate entities for Trademark Registration:
If an unregistered individual business owner applies for Trademark Registration, then he must submit the following documents required for TM Registration:
If a Start-Up applies for trademark registration, then it must provide the Certificate of Recognition issued to it by the DPIIT (Department for Promotion of Industry and Internal Trade).
If an MSME, i.e., Micro, Small, or Medium Enterprise, applies for trademark registration in India, then they must provide the Udyam Aadhar Registration Certificate issued by the M/o Micro, Small, and Medium Enterprises.
If a sole proprietor files for the TM registration procedure, then one must provide any one of the following documents:
Partnership Firm Requirements
If a registered Partnership Firm applies for the TM registration procedure, then its member partners must submit the following documents along with the registration application:
Limited Liability Partnership Requirements
If a registered Limited Liability Partnership applies for the TM registration procedure, then its member partners must submit any one of the following documents along with the registration application:
Private Limited Company Requirements
If an incorporated Private Limited Company applies for TM registration, then its directors must attach the following documents along with the trademark application:
The applicant must attach the following documents for TM registration if it identifies itself as a Hindu Undivided Family or HUF:
If a society applies for the TM registration procedure, then it must submit the Certificate Of Registration issued by the RoCS, i.e., the Registrar of Co-operative Societies.
A Trust can file a trademark application by furnishing any of the following documents as proof of their identity with the MCA:
Things to Keep in Mind before filing the Trademark Registration application
It is imperative for the trademark applicant to properly draft and compile every requisite document before applying for TM registration online in India. If you file an erroneous trademark application, then it can lead to further delay in the registration procedure. In addition, you will be hassled for making the asked corrections to the application. Keep in mind that the Indian RoT, i.e., the Register of Trademarks, does not permit the correction of any clerical error(s) of the submitted document at any stage.
The RoT can altogether reject or refuse the trademark application if it is filed in an incomplete manner. Therefore, you can consult the IPR Experts for the requisite trademark registration procedure at Registrationwala. You can also connect with us to know the logo trademark registration fees in India.