Who can file a trademark registration in India?
Any person claiming to be the owner of a trademark, who may or may not use it, may need a condition for trademark registration. Generally, the user or controller of the identity, and who controls the nature and quality of the products to which it may fit, or the services it uses, is the owner of the identity.
What documents are necessary to register a trademark in India?
Firstly, The minimum documents and information required to file a trademark registration in India:
- Name, address, and nationality of the applicant. If the applicant is a company, attach the country or state with the full address. If there is a partnership, name all partners;
- A list of goods and/or services that require registration;
- Trademark Company: Whether the applicant is an individual, start-up, or a small company;
- A copy of the conditions for trademark registration
- If the application may filed seeking priority from an application previously filed in another country, when applying in India, the details thereof should be submitted to the Trademark Office within two months from the date of filing of the application along with the certified priority document or its duly notarized copy. If the certificate is not in English, a certified/notarized English translation is required.
- Application: Date of first use of the trademark in India, if any, if any, or in the proposed application for use. Such application, along with the documents need for trademark registration should submit with the application.[Importantly, The term ‘use’ in India has a broader meaning and does not refer to the physical presence of goods or services in India. The use of this code in foreign advertisements in circulation in India, such as mark advertising or trademark invoices, letterheads, etc., means the use of that identity in India.]
- Power of Attorney: Documents clearly signed with the applicant’s authorized signatory’s name and surname (no legalization/notarization required).
Is it necessary to file a Power of Attorney when filing a trademark application?
It is mandatory to submit an authority when submitting the application on behalf of the applicant. Hence, The applicant must sign the power of attorney (no legalization or notarization required).
Is it necessary to submit an “Application Report” when applying?
The trademark registration may request from the date before the date of application or from the date proposed on an application basis.
The applicant must sign the power of attorney (no legalization or notarization required).
If the applicant wishes to file an application requesting the use of the mark in India before the date of submission of the application, an affidavit should be filed along with the supporting documents certifying such application. The affidavit must be signed by an authorized signatory and notified by a notary public.
Documents submitted by individuals and individual owners for trademark registration
Any individual – Indian national or foreign national can easily register a trademark in India. Also, there is no need to create a law firm or business entity to register a trademark.
Also, the documents required to register a trademark in the name of owner areas under a person:
- Form TM-A or any other matching form. Here you can find all payments for related forms.
- If you are e-filing the trademark DSC
- Smooth copy of the logo, preferably black and white (optional). If you want to trade a word, the logo is not necessary.
Documents submitted by Partnership Companies/LLPs/Companies
The names of all the partners are required if the applicant is a partnership company, but if it is a limited liability partnership (LLP) the application for trademark registration must be made in the name of the LLP. If the applicant is a company, they need the state or country where the company is affiliated.
They also need a fully registered address. In the case of a community of trust, they must apply in the name of the executive trustee or chairman, or secretary.
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