Documents required for trademark application

A trademark is a intellectual property consisting of recognizable sign, expression or design which identifies particular product or services from other. A trademark can be owned by a individual, business organization or  legal entity. A trademark can be located on package label or organization. Trademark is an intellectual property that is used to differentiate products and services of one firm or individual from others.

A trademark is required to be registered with concerned authority for getting validated by law in India. Trademark registration in India is exhaustive process that starts with trademark search and is completed when a trademark registration certificate is issued to a trademark applicant. For complete list of steps on trademark registration including trademark search, trademark application, trademark registration certificate etc. you should read this article on trademark registration process in India.

Trademark application filing is an important and of the most crucial steps in trademark registration. A trademark application along with relevant documents need to be sent to trademark authority who is also known as trademark examiner. Trademark application is incomplete without proper documents. Applicant should make sure that he or she sends complete documents for reducing risk of rejection of trademark application at later stge.

Trademark examiner would verify application and documents for validity and applicability. Examiner may issue objection report mentioning his concern’s regarding trademark application. These objections might include concerns or objections regarding documents sent along with application.

In this article, we would look in detail documents required to be sent along with trademark application for following categories of trademark applicants –

• Individuals
• Proprietor
• Partnership firms
• LLP firm
• Companies
• Small enterprises and startups

Documents required to be submitted by individuals and sole proprietors with trademark application

Any Indian citizen or a foreign applicant can register a trademark in India. Documents required by both individual and proprietor of a proprietorship firm are same. These documents should be vetted by individual before sending them along with trademark application. This would prevent extra time and money wastage due to rejection of application by trademark authority. Trademark application could be rejected due to either incomplete or expired documents. This is easily preventable if individual put extra efforts during trademark application filing. Documents required by an individual and proprietor for trademark registration are –

• Form TM-A or any other applicable application form. You can download complete list of forms from this official link. This link also contains information on fees to be submitted with each application form.
• DSC is also required for filing of a trademark. DSC stands for digital signature certificate.
• Soft copy of logo in black and white. However, if you wish to trademark a word then a copy of logo is not required to be sent along with trademark application.
• Translation of all words which are not in English is also required to be sent. It is to be make sure that translation is done in professional manner and convey same meaning as word in original language suggests.
• Date of first use of the trademark in India, if at all used
• A list of Goods and services for which trademark registration is required.
• Signed form – 48 which conveys authorization from applicant for filing of trademark application on his or her behalf. If you are hiring a services of external professional firm for completion of trademark registration then Form – 48 is necessary.
• Document containing identity of the applicant like Voter ID card. This document should clearly mention all require details like name, date of birth, residence address and nationality.
• Address proof of proprietor or applicant. Address proofs that are valid for trademark registration purpose includes Aadhar card, Voter ID, Driving license and Passport. Applicant should make sure that licenses like Passport and Driving license have not expired at the time of trademark application.

Documents required to be submitted by partnership firm and LLP firm with trademark application

Documents required by LLP or a partnership firm are similar to documents mentioned above. Though slight variation exists depending upon the corporate structure of entity. Trademark application should be filed on the LLP firm’s name in case applicant is LLP firm. Let us have a look at detailed list of documents required by a LLP and partnership firm for trademark registration-

• Form TM-A or any other applicable application form. You can download complete list of forms from this official link. This link also contains information on fees to be submitted with each application form.
• DSC is also required for filing of a trademark. DSC stands for digital signature certificate.
• Soft copy of logo in black and white. However, if you wish to trademark a word then a copy of logo is not required to be sent along with trademark application.
• Translation of all words which are not in English is also required to be sent. It is to be make sure that translation is done in professional manner and convey same meaning as word in original language suggests.
• Date of first use of the trademark in India, if at all used
• A list of Goods and services for which trademark registration is required.
• Signed form – 48 which conveys authorization from applicant for filing of trademark application on his or her behalf. If you are hiring a services of external professional firm for completion of trademark registration then Form – 48 is necessary.
• Registered partnership deed for a partnership firm.
• LLP registration certificate and Certificate of incorporation of LLP firm.
• Identity proof of signatory like voter id card.
• Address proof of signatory like Voter ID card, Aadhar etc.

Documents required to be submitted by company with TM application

• Form TM-A or any other applicable trademark application form. You can download complete list of forms from this official link. This link also contains information on fees to be submitted with each trademark application form.
• DSC is also required for filing of a trademark. DSC stands for digital signature certificate.
• Soft copy of logo in black and white. However, if you wish to trademark a word then a copy of logo is not required to be sent along with trademark application.
• Translation of all words which are not in English is also required to be sent. It is to be make sure that translation is done in professional manner and convey same meaning as word in original language suggests.
• Date of first use of the trademark in India, if at all used
• A list of Goods and services for which trademark registration is required.
• Signed form – 48 which conveys authorization from applicant for filing of trademark application on his or her behalf. If you are hiring a services of external professional firm for completion of trademark registration then Form – 48 is necessary.
• Memorandum of association (MOA) and Articles of association (AOA)
• Board resolution in prescribed format along with certificate of Incorporation (COI).
• Identity proof of signatory like voter id card.
• Address proof of signatory like Voter ID card, Aadhar etc.

Power of attorney is to be compulsorily filed along with trademark application. Power of attorney is required to be signed by applicant and notarization or registration is not required. The applicant can also file trademark application on his own.

We would continue to write more articles related to trademark in India. Meanwhile, You can read more about IPIndia trademark search and trademark registration process in India. You can also visit our list of informative posts on various trade related licenses including NSIC Registration, Udhyog Aadhar, IEC Code, FCRA registration etc.

Related posts:

Trademark status and Trademark registration FAQs Trademark registration process in India How to check trademark status? PAN card Trademark public search in India FAQs – Part 2