Documents required for Trademark Registration

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 offline 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 eligibility as a Trademark applicant. The following entities are eligible to file for trademark logo registration in India:

• Individual Business Owner

• Start-ups

• Micro, Small, and Medium Enterprises (MSMEs)

• Proprietorship

• Partnership Firm (PF)

• Limited Liability Partnership (LLP)

• Private Limited Company (Pvt. Ltd. Company)

• Hindu Undivided Family (HUF)

• Non-Profit Organizations (NPOs)

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:

• Commercial Invoices

• Business Incorporation-related certificates 

Specific Documents Requirement as per Business Types

We have enlisted different documentation requirements for all the eligible corporate entities for Trademark Registration:

Individual Requirements

If an unregistered individual business owner applies for Trademark Registration, then he must submit the following documents required for TM Registration:

• Copy of Individual’s Aadhar Card

• Copy of Individual’s PAN Card

• Permanent Driving License of the Individual owner

Start-up Requirements

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).

MSME Requirements

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.

Proprietorship Requirements

If a sole proprietor files for the TM registration procedure, then one must provide any one of the following documents:

• Goods and Service Tax (GST) ID of the Business

• Certificate of Registration of the Sole Proprietorship

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:

• Partnership Agreement

• Udyam Aadhar Registration Certificate, however, is optional

• Goods and Service Tax (GST) Certificate of the Partnership Firm

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:

• Incorporation Certificate of the Limited Partnership

• Partnership Deed of the LLP

• Goods and Service Tax (GST) Certificate of the registered LLP

• Udyam Aadhar Registration Certificate, however, is optional

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:

• Certificate of Incorporation (CoI) of the Pvt. Ltd. Company

• Udyam Aadhar Registration Certificate, however, is optional

HUF Requirements

The applicant must attach the following documents for TM registration if it identifies itself as a Hindu Undivided Family or HUF:

• Hindu Undivided Family’ Deed of Constitution

• Pan Card of the Hindu Undivided Family

Society Requirements

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.

Trust Requirements

A Trust can file a trademark application by furnishing any of the following documents as proof of their identity with the MCA:

• Trust Deed, which is duly executed on a stamp paper

• Trust Registration certificate by the MCA

• PAN Card of the Trust

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 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.

Conclusion

Before you begin the trademark registration process in India, it is essential that you gather all the necessary documents as per the business structure of your business entity. If you need assistance in trademark registration in India, you can connect with our IPR experts at Registrationwala!

Frequently Asked Questions (FAQs)

Q1. Which form do I need to file for trademark registration in India?

A. You need to file TM-A form for trademark registration in India. In the form, all the necessary information must be provided accurately. 

Q2. What are the essential trademark registration documents?

A. The documents required for registering a trademark in India include trademark application form (TM-A), representation of trademark (logo or word mark), certificate of incorporation (for a company), partnership agreement (for partnership firm), GST registration, etc. These documents are essential during the trademark registration process in India.

Q3. Which authority registers trademarks in India?

A. The Trade Marks Registry registers trademarks in India.

Q4. Can I submit the TM registration documents online?

A. Yes, you can submit the TM registration documents online via the official IP India portal.

Author: Dushyant Sharma

Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.