A Complete Guide on Documents Required for Trademark Registration

Registration of a trademark is a means of protection towards Intellectual Property. A trademark differentiates various products and services provided by one business firm and another, and this also attaches the quality value of all the products offered by any business or company. The process of Trademark Registration is lengthy but straightforward. For the Trademark Registration, one needs to file an application and attach the same with all the vital documents required for Trademark Registration. Without proper documentation, registration of a trademark is incomplete, so you need to arrange all the documents before the registration. In this blog, we discuss all the essential documents required for Trademark Registration.

An Overview of Trademark

A trademark offers a brand name to the products and services linked with the same establishment. It gives a proper identification to the company or business, which is special and cannot be use or copy by any other company or firm. The registered trademark’s owner has exclusive rights to protect the trademark. The registered trademark ensures a unique identity to the company in the sense that the customers can believe in the products and services offered by the company, and trademark signifies itself as a symbol for the association, and no other company can use the same registered trademark to distinguish its products and services.

Trademark Identities

To avail of all the trademark rights, you need to register under the Trademark act, 1999. It also protects against extensive activities of infringement or violations or duplication and improves the credibility of any products in the marketplace. The validity period of Trademark Registration is ten years, and after that, you need to renew the trademark. In the meantime, the patent serves twenty years, and it does not obey any renewal policy.

Read our article:What is the Online Trademark Registration Procedure & How can we Apply it?

What are the Vital Documents Required for Trademark Registration?

Following is the list of all the documents required for Trademark Registration in India:

1. Application Form: The first and most essential document is an application form. A duly filled form needs to be provided to fulfil the criteria of documents required for Trademark Registration. Applicants must confirm all the particulars carefully in the application is genuine so that the examiner considers them without any objection.
2. Nationality, Resident, and Identity Proof: There are some essential documents required for Trademark Registration that contains the applicant’s full name, address, nationality^[1]. If the applicant is a company, the details of the address and state of incorporation would be required. In the case of a Partnership Firm, the details of partners need to be enclosed in the application form along with given facts.
   1. Submit a copy of Logo.
   2. Submit a Form-48 which is signed by the applicant.
   3. Submit a certificate of UdyogAadhar Registration.
   4. Submit a Certificate of Incorporation (COI) or a Partnership Deed.
   5. Identification details of Signatory.
   6. Address proof of Signatory.
   7. Submit a copy of Power of Attorney, which is duly signed by the applicant on the stamp paper of Rs. 100.
3. Submit all the Documents Related to Trademark Entity: An owner of a brand can choose Trademark Registration under his or her name. For instance, a game developer can trademark his or her name as a brand. Such documents are stated as trademark entity documents. A trademark is a part of Intellectual Property, and it can be available for anything that carries the value of a company, whether it is a logo, name, design, etc. It would be best to remember that the entity document goes with a soft copy of the Trademark Seeking Registration.
4. Documents Related to the use of a Trademark: You need this document for using the trademark in the starting phase. These documents are applicable in the event where you have used the brand before the trademark registration.
5. Particulars of Goods and Services looking for Registration: The applicant must enclose all the vital documents listed of goods and services projected to be trademarked along with a suggested application.
6. Particular of Application filed in other countries: In case of an application for a trademark is made in any other nation, and you must provide the application attested with the documents required for Trademark Registration. Besides, submit certified vital documents with the Trademark Office within two months of filing the application. You should make sure that the certificate validates the information in the English language only.
7. Legal Process for Agents: The applicant has a right to hire an expert or agent who can assist the applicant during the registration on behalf of the applicant. But to serve such a purpose, the applicant needs to provide legal requirements. In such events, a Power of Attorney should be provided to the authority, and the applicant should sign it.
8. Other Applicants: Applicant who doesn’t own Udyog Aadhar Registration will have to submit all the documents as mentioned below to avail of trademark registration.
   1. Submit a copy of Logo.
   2. Submit a Form-48 which is signed by the applicant.
   3. Submit a Certificate of Incorporation (COI) or a Partnership Deed.
   4. Identification details of Signatory.
   5. Address proof of Signatory.

Points to Keep in Mind Considering Documents Required for Trademark Registration

1. Before starting the trademark registration process, we suggest you go through the Trademark registry to check if the suggested trademark opposes a similar registered trademark. Keep in mind that this is a legal matter, and any similarity between trademarks could initiate you into legal events.
2. The application for a trademark can be filed both online and offline. In the case of an online process, a Digital Signature Certificate (DS) is required. Whereas an offline process can be addressed at the Regional Office of the Trademark Registry.
3. If you want to conduct an examination or investigation, you can visit the online portal of the government. Once you are pleased with your search, you can file an application in a specified form. The application should include the requested information such as the details of an applicant, mark description, list of all goods and services looking for registration, and the suggested date for usages of a trademark.
4. Once the applicant filed an application, the Registrar would double-check the suggested trademark against the already registered trademark for duplicity. If any objection is raised by the Registrar in this situation, the applicant shall be intimated through a written notice. The applicant shall solidify the feedback to correct the objection in the application.
5. If everything is perfect in the application, the Registrar will publish the proposed trademark online in the Trademark Journal. It will allow third parties to raise any objection if any conflict arises. The entry of a trademark will enclose the date of registration and good services for which it is availed.

Conclusion

It is clear that without proper documentation, the Trademark Registration process is incomplete, so before you file an application for the registration of a trademark, you need to arrange all the vital documents required for Trademark registration, as we mentioned above. The registration process is lengthy. After the registration, every person or owner of the registered trademark has a legal right to use any individual responsible for using their brand name or Logo without taking proper permission.

Read our article:What are the Advantages of Trademark Registration?