Documents Required for Trademark Registration in India

In India’s competitive business landscape, protecting your brand from infringement is just as important as offering quality products or services. Trademark registration is one of the vital steps for protecting your brand identity. Now when planning to apply for trademark registration, it is common to think about the documents required for trademark registration. This blog covers details about every document you need, why each one matters, and how to prepare them in the right way. Whether you are an individual entrepreneur or you have a long-established business, this blog highlights everything you need to know.

Why Trademark Registration Matters?

First understand why trademark registration is essential before learning about the documents required for trademark registration.   

A registered trademark:

• Offers you exclusive ownership over your brand identifiers
• It will prevent competitors from using a mark similar to yours
• It will help in developing trust of customers and investors in your brand
• It provides a valuable intangible asset
• It allows one to take strict action against infringement

Trademark registration is an extremely important step in securing the identity of your brand in the long run. However, the process may seem complicated to you especially if you are unsure about the documentation. So, let’s learn about the documents required for trademark registration in the next sections of the blog.

List of Documents Required for Trademark Registration

Although the exact documentation for trademark registration depends mainly on the type of applicant (individual, company, partnership, startup, etc.), the core requirements remain fairly consistent.

Here check out the complete list of documents required for trademark registration:

• Details of the trademark applicant.
• Power of Attorney (Form TM-48)
• Details of Trademark (Logo, Wordmark, or Device Mark)
• Proof of Claim for Prior Use (If Applicable)
• Documents of Business Registration
• Address Proof of the Applicant
• Identity Proof of the Applicant
• Udyam Registration Certificate (for MSMEs claiming fee concession)
• Signed User Affidavit will be required for brands already in use

Let’s discuss each of them in detail:

1. Trademark Applicant Details

This is the main information about the person or entity who is applying for the trademark. The trademark registry will need to verify who owns the mark.

The applicant details should include:

• Full name of the applicant
• Nationality
• Type of applicant i.e. (Individual/LLP/Company/NGO/Trust/Partnership)
• Nature of business and address
• Contact information

These details should match with the official documents that one submits.

2. Power of Attorney – Form TM-48

In case if you are applying with the help of a trademark consultant, agent, or lawyer, which most applicants do, you will have required to file Form TM-48. However, since March 2023, the trademark registry has declared that there is no requirement of submitting a separate form TM-48. Now the form TM-A only contains a built-in authorization clause. Suppose you are filling through an agent and tick in the authorization box in form TM-A, no separate TM-48 Form is required (according to the Rule 12 of Trademark Rules,2017).

TM-48 Form is needed in rarest cases when the agent is charged later or in opposition or rectification proceedings.

Note:

• It should be signed by the applicant
• Scanned copy will be accepted during filing

3. Trademark Details (Word, Logo or Device Mark)

You should represent your trademark clearly during filing. The type of representation depends on the type of trademark.

1. Logo or Device Mark

Suppose you are registering a logo; then you will have to provide a high-resolution image.

The Requirements are:

• Format: JPEG/PNG
• Size: 8cm x 8cm (recommended)
• The Image should be clear and not pixelated
  2. Wordmark

If you require exclusive rights over a brand name (e.g., ZARA, TATA), you will require the word written in text. No design file will be needed.

1. 3. Colour Combination Claim

If you want protection over particular colors, you will have to mention them.

1. 4. Sound Mark

For unique sounds that is an identifier of your brand (like the Netflix "ta-dum"), you need to submit an MP3 file and musical notations not exceeding 30 seconds.

1. 5. Proof of Claim for Prior Use (if applicable)

In case your trademark is already in use before filing the application, you will have to submit evidence. This is significant if you want the mark registered under “proposed to be used” vs. “already in use.”

Valid Proofs Include:

• Website screenshots that shows usage
• Invoices or bills that contain the trademark
• Social media pages
• Marketing materials
• Packaging and labels
• Domain registration certificate

These documents help in establishing the date of first use and will strengthen your claim, especially in case if a similar trademark already exists.

1. 4. Business Registration Documents

The type of documents required for trademark registration solely depends on the type of applicant.

1. For Individuals & Sole Proprietors

No separate business registration will be required.
You only require:

• Identity proof
• Address proof

2. For Partnership Firms

You require:

• Partnership Deed
• Names of all partners

3. For LLPs

You will have to submit:

• Certificate of Incorporation
• LLP Agreement

4. For Private Limited or Public Limited Companies

You will have to submit:

• Certificate of Incorporation
• Memorandum and Articles of Association (MOA/AOA)
• Board resolution authorizing trademark filing

5. For Trusts, Societies, & NGOs

You will have to Provide:

• Registration Certificate
• Deed of Formation

If your business documents are accurate it will help in avoiding objections during the examination stage.

6. For Hindu Undivided Family

Main Documents:

• HUF Deed
• PAN Card of Karta
• Brand Name/ Logo
• Address and Identity Proofs

Additional Documents:

• Power of Attorney
• User Affidavit (If applicable)
• Passport Sized Photo
• Signatures
  5. Address Proof of the Applicant

You will have to submit a valid address proof for the individual or company mentioned in the application.

Accepted Documents:

• Electricity/Water/Gas bill is accepted.
• Property tax receipt is accepted.
• Lease/rent agreement is accepted.
• Registered business address proof is accepted.
• Passport is accepted.
• Aadhaar (for Indian applicants)

The address should match the one that is provided in Form TM-A.

1. 6. Identity Proof of the Applicant

This confirm who is actually filing the application.

Accepted IDs include:

• Aadhaar Card
• PAN Card
• Passport
• Voter ID
• Driving License

In case of companies or LLPs, the identity proof of the authorized director or partner will be required.

1. 7. Udyam Registration (For Startups recognised under DPIIT and Small Enterprises Fee Concession)

Micro, small, or medium enterprises can get a 50% reduction in the Government fees for Trademark Registration. However, from the year 2024 onwards, the concession is applicable only to startups that are recognised under DPIIT, Individuals and small enterprises. Medium Enterprises is no longer getting the concession.

In order to claim this discount, they will have to submit Udyam Registration Certificate. This document is mandatory for fee concession but it is not mandatory for filling.

1. 8. User Affidavit (If Claiming Prior Use)

In case if you choose the option "Trademark already in use" in the application, one has to submit a User Affidavit that:

• Stating the date from which the mark is in use
• Includes supporting documents
• Should be signed by the applicant

This helps in establishing brand rights and prevent objections.

How to Prepare These Documents Properly?

Incorrect documentation is one of the major reasons for objection against a trademark.

Follow these guidelines to ensure that you are submitting correct documents required for trademark registration.

1. Use clear, readable copies
   Try to avoid blurry or distorted scans.
2. Ensure that the names match across documents
   Even small spelling differences can create major issues.
3. Make sure to sign all relevant pages
   TM-48, affidavits, and authorization letters must be signed.
4. Keep the date formats consistent
   Make sure to use DD/MM/YYYY format.
5. Double-check the entity type. This is because filing as the wrong category will affect the fees and ownership.

Common Document-Related Mistakes that Applicants Make

Here are the top mistakes that many applicants make and it cause delays or objections:

• Submitting a low-quality logo file
• Filing a trademark in the name of someone else
• Not providing a proper affidavit while claiming prior use
• Using mismatched address proofs
• Forgetting the Board Resolution for companies
• Claiming MSME concession without submitting Udyam certificate
• Using documents with expired validity

Avoid these issues while providing the documents required for trademark registration to speed up your trademark registration.

Quick Checklist

Here we are providing a consolidated checklist for the documents required for trademark registration:

• Applicant identity proof
• Applicant address proof
• Logo/wordmark image
• Signed TM-48
• Business registration certificates
• Board Resolution (for companies)
• Udyam registration certificate (if MSME)
• User affidavit (if already using the mark)
• Proof of prior usage
• Authorization letters (if needed)

If you have all of these documents ready, you are set to file your trademark application smoothly

Conclusion

Trademark registration is one of the most valuable step that you can take in order to protect your brand. Whether you are starting a new business, running a small business, or already have a well-established one, keeping all the documents required for trademark registration is a critical step. Each document from identity proof to business registration certificates, each has a role in verifying ownership, authenticity, and prior usage. The more organized your documentation will be, the faster your trademark registration process will be. If you require any assistance in filling your trademark, get in touch with Online Legal India.

FAQs

Q1. What are the Main Documents Required for the Trademark Registration Process?

The main documents required for trademark registration include Trademark Application Form (Form TM-A), a proper representation of the trademark, description of the goods and services, identity and address proof of the applicant. If applicable you will also have to submit an authorisation letter or Power of Attorney (Form TM-48).

Q2. Are the Documents Required will be Different for Different Types of Businesses?

Yes. The core documents will be similar but particular business entity proofs will vary.

Q3. Are Original Documents Required for Trademark Filling?

No, scanned copies of the original documents are accepted for the trademark registration process.

Q4. Do I Have to Provide Proof if My Trademark is in Use Before the Application Date?

In case if you are claiming prior use of the trademark before the application date, you will have to submit affidavit and supporting documents (example, invoices, packaging and marketing materials). In case the mark is “proposed to be used” these are not required.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.