Documents Required for Trademark Registration

Trademarks are part of our daily lives though many of us do not recognise or realise the fact.  Trademarks are synonymous with a brand’s identity and influence most consumer purchasing decisions.  It differentiates the products or services of a particular company from those of others. Every time you buy a branded item, the trademark provides you with the identity of your choice. A trademark, thus, is an intellectual property that is usually in the form of an expression, design, or sign.

For a company or a business, a brand in text or logo is an effective communication tool that conveys emotional attributes (about the product or the company). Trademarks help companies grow and also play a significant role in protecting intellectual assets. Therefore, registering the brand is a vital task for any company.

What are the documents required for trademark registration? But before that, a look into a few basic facts likes types of trademark, the process and registration authority.

Types of trademarks in India

1. A trademark for a product.
2. Servicemark, applicable to service-based businesses.
3. Certification trademark, where the owner certifies goods and services for the material, method of manufacture, origin and quality.
4. A collective trademark is registered in the name of groups, associations, or other organisations for exclusive use by the members for commercial purposes.

The Process: A trademark registration application goes through a few stages - search, application and finally, registration.

Authority: Trademark authority of India, established in 1940, is the custodian of the trademark act-1999 and governs the entire registration activities through various rules and guidelines.

The administrative functioning is through the offices of the comptroller General of Patents, Designs & Trademarks. This office functions under the Department of Promotion of Industry and Internal Trade, Ministry of Commerce & Industry, Government of India.

Documents Required For Trademark Registration In India

Besides the documents indicating the trademarked entity, identity proof, few declarations and status papers (partnership deed/company registration certificate and the like) are required for submitting the trademark registration application. For e-application, scanned copies of the necessary documents may be attached.

The department offers a well-documented manual that can be a guide to the potential applicant. The presentation, however, is a bit technical.

One needs to apply for trademark registration in the designated form downloaded from the website of the trademark authority.

Documents for Individuals and Sole proprietors

• Identity and nationality proof: Votes-id, valid passport, mentioning name, date of birth
• Address Proof: Aadhar card, valid passport, valid driving license
• Digital signature required for signing the application form
• Trademark entity documents: Copy of the text matter you want to trademark. If the point is in any vernacular language, then an English translation of all the words must be attached to the original text.

If you wish to register a logo, design, or music /sound, you have to submit a soft copy of the same.  The composition of the logo/design is generally preferred in black & white in JPEG / PNG format in size 8X8 cm.

• Document supporting the use of the trademark: An affidavit specifying the date of first use in India (of the product or matter to be trademarked) before the trademark registration, if used.
• Goods and Services for Registration: An exhaustive list of items/services for which the trademark registration is applied.
• Legal Authority: If the original applicant does not submit the application, an authorisation in Form 48 has to be submitted. It is important to remember that in form 48, a specified individual, a trademark attorney or an agent, must be authorised. General authorisation in the name of a firm is not permitted.

Documents For Business Entities- Partnerships And Llp Firms, Registered Companies

• For a Partnership firm, an attested copy of the registered partnership deed.
• An LLP firm has to furnish a copy of the LLP certificate and incorporation certificate, duly attested.
• For a registered company, the memorandum and articles of association
• The matter to be trademarked: copy of the text, if in a vernacular language with English translation; in case of a logo or a design, soft copies in black & white; a digital replica of the music or sound.
• Goods and Services for Registration: A complete list of items/services for which the registration is applied for
• Use Document: In case the product or any other matter to be trademarked is in use in India (or have been used some time) before the registration, an affidavit mentioning the date of first use in India has to be submitted.
• Legal Authority: Authorisation in form 48 for applications submitted through an external agency.
• Identity proof of the signatory.
• Address proof of the signatory.

Documents for Trust /Society / Association of Person / Small Enterprises

In addition to standard documents required as in the case of Individuals, the following documents are needed:

a) Trust deed, Registration certificate or any other proof of the existence of the organisation.

b) For a small enterprise, a Udyog Aadhar registration certificate is required

A Quick Revision Of The List Of Documents Required For Trademark Registration In India:

In Conclusion

Innovation in business stems from competition. Novel ideas for modifying an existing process or bringing out a new product /service drive progressive businesses as the competition turns fierce. Trademark registration assumes greater significance under this scenario. For startups, small and medium enterprises, in particular, the trademark is a cost-effective measure of preventing misuse and infringement of the intangible assets of a firm's brand name and logo. The enterprise, in turn, can focus on growth.

A simple process and just a few documents required for trademark registration can become a potential tool in building a successful and trustworthy relationship with customers.

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FAQs

Q. A Trademark is said to be an asset- how can the trademark impact the finances of a small business enterprise?

Ans.  Trademarks are trade-able assets like other business assets; they (trademarks) can be sold, franchised or licensed and purchased from other companies.

A company may even sell off their entire business while retaining the brand name, logo or symbol.  A firm can subsequently lease the trademark to another company for the manufacture of a product or service.

Q. Is there a validity period for a registered trademark?

Ans. Registered trademarks have an initial validity of ten years. You can renew the trademark subsequently for another ten years, and the process can be repeated and go on indefinitely.

Q. For a small technology startup, what are the benefits of a registered trademark? Does the process also involve extra expenditure?

Ans. There are several benefits. First, trademarks help your business differentiate products/services against competitors.

Then, it (trademarks) builds customer association that gets converted to loyalty over time, benefiting your business commercially. Besides, a brand( or a trademark) is a valuable asset for a company that can be sold and licensed for immediate financial gains.

For a tech startup, a strong brand (registered trademark) is significant in value addition which may lead to funding by venture capitalists.

The cost of registration is negligible if you consider the return a company may get from the process.