To register a trademark in India, you will need to submit several documents, depending on the type of applicant (individual, company, startup, etc.) and the specifics of the trademark. Here’s a comprehensive list of documents required:
1. Basic Documents
- Trademark or Logo: A clear representation of the trademark, whether it’s a logo, wordmark, or a combination. If it is a wordmark, you can simply type the name.
- Applicant’s Details:
- Individual/Proprietor: Name, address, and nationality.
- Company: Name, registered address, and incorporation details.
- Partnership Firm: Names of all partners, along with the address and nationality.
2. Power of Attorney (Form TM-48)
- A signed authorization that allows your trademark attorney or agent to file the trademark application on your behalf. It must be duly signed by the applicant.
3. Nature of Business and Goods/Services Description
- A detailed description of the goods or services for which the trademark is to be registered. Make sure to specify the class under the Nice Classification system.
4. Date of First Use of the Trademark (If Applicable)
- If the trademark is already in use, you need to provide the date of first use along with proof of such use (e.g., invoices, advertising materials, or sales receipts). If the trademark is not in use, the application will be filed under the “proposed to be used” category.
5. Business Registration Proof (If Applicable)
- Required for businesses, companies, or partnerships to validate their legal existence. Documents may include:
- Company: Certificate of Incorporation and the Memorandum of Association (MoA).
- Partnership Firm: Partnership Deed.
- Sole Proprietorship: Business registration certificate or GST registration.
6. ID and Address Proof of the Applicant
- For individuals or sole proprietors:
- ID Proof: Passport, Aadhaar card, voter ID, PAN card, or driver’s license.
- Address Proof: Utility bill, bank statement, or any official document with the address.
- For companies or legal entities: Proof of the registered office address.
7. Certificate of Trademark Priority (If Applicable)
- If you are claiming priority from a trademark filed in another country under the Paris Convention, you need to submit the priority document within two months of filing the application.
8. Startups and MSMEs (Micro, Small, and Medium Enterprises)
- If the applicant is a startup or an MSME, you may need to provide a certificate of registration to avail of fee concessions.
Optional Documents
- Affidavit of Use: If the trademark has been used before applying, an affidavit declaring the usage can be submitted, along with evidence.
- Board Resolution (For Companies): If a company is applying, a board resolution authorizing a person to file the trademark application may be required.
Summary
- Individuals/Proprietors: Personal ID and address proof, trademark representation, and business registration proof (if applicable).
- Companies: Business registration proof, ID and address of an authorized signatory, trademark representation, and board resolution.
- Partnership Firms: Partnership deed, ID proof of all partners, trademark representation, and business registration proof.
Would you like help with any specific aspect of these documents or need assistance in preparing them?
