Trademark registration is a vital tool for safeguarding a company from unlawful use and infringement. The Government has made this procedure more straightforward. In a handful of months, entrepreneurs may simply register trademarks for their companies. We'll look at the documents required to register a trademark in India in this blog.

Categories Of Applicants

1. Individuals/Sole Proprietor
2. LLP
3. Partnership Firm
4. Company
5. MSME

What are the essential documents required for trademark registration in India?

Registration of a brand is a vital tool for combating trademark infringement and unauthorised usage. The trademark registration procedure in India has been simplified by the government. In a few months, entrepreneurs may register their businesses as trademarks. The below-mentioned paperwork is the essential documents required for trademark registration in India:

Partnership Firm

Documents that are required for trademark registration on behalf of a partnership firm are as follows:

1. KYC of all partners, including PAN cards, Aadhar cards, and so forth.

2. GST (if applicable): If the partnership firm has registered for GST, it must be utilised. 

3. LOGO (IF ANY)- Unless a word mark is being registered, specify the logo if one exists.

4. A trademark description is a description of a product or service that is protected by a trademark.

5. Form-48 (Power Of Attorney)

6. MSME (if applicable)

7. Bills (not older than 2 months)

8. Partnership Deed

For Company/LLP

Documents required for trademark registration on behalf of a company/LLP are:

1. Any other type of application form, such as the TM-A.

2. You'll need to have a digital signature certificate (DSC) if you're filing for trademark registration online.

3. Logo in soft type, ideally in black and white. You don't need a logo if you want to trademark a word.

4. A list of goods and/or services that need registration.

5. A translation into English will be required if the mark comprises or consists of non-English terms.

6. The date when the trademark will be first used in India if a Form-48 is signed. Form-48 gives a Trademark the authority to file a trademark application on the applicant's behalf.

7. Proof Of The Petitioner's Identity: Udyog Aadhaar Registration Certificate Deed of Partnership or Certificate of Incorporation 

8. Form-48 (Power Of Attorney)

9. MSME (if applicable)

10. Bills (not older than 2 months)

Documents For Sole Proprietor or Individual’s Trademark Registration

In India, anyone, whether Indian or foreign, may readily register a trademark. To register a trademark, it is not mandatory to make a legal entity or a business. Furthermore, the documents required to register a trademark in a proprietorship's name are the same as those required to register a trademark in an individual's name:

1. Form TM-A or any equivalent form.

2. You'll need to have a trademark soft copy of the logo,  

3. You don't need a logo if you want to trademark a word.

4. A list of goods and/or services that need registration.

5. A translation into English will be required if the mark comprises or consists of non-English terms.

6. Form-48 has been completed and signed. Form-48 gives a Trademark the authority to file a trademark registration application on the applicant's behalf.

7. The applicant's address, name, and nationality are required as proof of the individual or proprietor.

8. Aadhaar, PAN, or Passport copy of an individual or a business as proof of address

MSME

Documents required for trademark registration in India on behalf of MSME are as follows:

1. Address, identity, and contact information for the applicant
2. Certificate of incorporation or partnership deed
3. Proof of address from the company
4. A copy of the trademark or emblem that is identical to the original.
5. Information on the business
6. Udyog registration certificate

Procedure Of Trademark Registration

Choose a trademark

In this industry, your trademark should be original, non-descriptive, and unusual in order to differentiate your products and services.

Search for a Trademark

This search will show you whether there are any trademarks that are comparable to yours. You may check whether or not they are registered. As a result, you will be able to prevent trademark claims.

Application To Be Filled Out

You must file an application for trademark registration with the right class and information. The relevant forms must be filed to the Office of Designs, Patents, and Trademarks of the Controller General.

The Trademarks Registry will issue an application number to a trademark application when it is filed.

The application can then be monitored online using the online trademark search facility.

The applicant may use the TM sign next to the registered mark after receiving the application number.

Application For Vienna Codification

If the trademark comprises symbolic elements/logos, the Indian Trade Marks Registry provides a Vienna code after the application is submitted.

Trademark Application Examination

In line with the Trade Marks Act, 2016, the Examiner must provide a necessary examination report following an extensive study of the trademark application following the filing of the trademark application.

The examination report of the authority may or may not uncover any problems, which might be fundamental, relative, or procedural in nature. This examination report is issued by the Trademark Authority within thirty days of the application for registration being filed.

Registration Of Trademark

Registration is the final step in the procedure, which takes place when the application has cleared any objections and/or resistance to trademark registration.

In addition, if no objections to the trademark's registration were presented throughout the 4-month advertisement/publication period, the trademark receives an auto-generated registration certificate within 1 week. The registration is valid for 10 years after it is finished, following which it must be renewed within a set timeframe.

Trademark Registration Certificate Issued

The Registrar will approve your trademark application if no objections are lodged within the ninety-day period, or if your trademark application is accepted after a trademark opposition hearing. The Registrar will then present you with a Registration Certificate with the Trademark Registry seal.

After getting your certificate, you can immediately use the registered trademark symbol (®) with your brand name.

Conclusion

In today's circumstances, trademark registration becomes more important. The trademark is a cost-effective way of protecting abuse and infringement of a company's intangible assets, such as its brand name and logo, for startups, small and medium companies in particular. As a result, the company may emphasise expansion.

Trademark registration is a straightforward process that requires only a few documents and may help you develop a profitable and reliable relationship with your brands. 

Online legal India not only helps you register a trademark but also provides you with all of the required information about the documents required for trademark registration in India. The trademark professionals are experts in their respective fields. They have a lot of experience and have worked with a lot of different clients.