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Documents Required for Trademark Registration

A Trademark registration protects your brand and provides you with the tools to prevent someone using similar signs and riding on the back of your business. Trademark (symbolizing a mark in trade) means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and a combination of colors. Trademark registration in India is advisable to protect your brand.

 

Documents required for Trademark Registration

Trademark registration is an essential mechanism through which a brand can be protected from unwanted use and infringement.  The Indian Government has simplified the trademark registration process. The Entrepreneurs can now easily obtain trademark registration for their brands within a few months. In this article, we look at the documents required for obtaining trademark registration in India.

Note: During the trademark application process, there is no requirement for submitting original documents. Scan copy of the original document would suffice the requirement.

Individuals & Sole Proprietorship

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:

  • Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
  • Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
  • Identity Proof of the individual or Proprietor.
  • Address Proof of the individual or Proprietor.

Partnership / LLP / Company – Small Enterprise or Startup

The trademark registration fee varies from Rs.4500 to Rs.9500. For small enterprises, startups, proprietorships and individuals, the lower trademark fee of Rs.4500 is applicable. For all other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required.

Partnership / LLP / Company

In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:

  • Copy of Logo (Optional)
  • Signed Form-48.
  • Udyog Aadhar Registration Certificate.
  • Incorporation Certificate or Partnership Deed.
  • Identity Proof of Signatory.
  • Address Proof of Signatory.

Trust or Society

In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:

  • Copy of Logo
  • Signed Form-48.
  • Udyog Aadhar Registration Certificate.
  • Trust Deed
  • Pan Card of Trust
  • KYC of all Trustees (Adhar Card, Pan Card & Passport Size photo)
  • Email Id & Mobile number of all trustees
  • Digital Signature of Authorized Signatory
  • Identity Proof of Signatory.
  • Address Proof of Signatory.

Other Applicants

All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.

  • Copy of Logo (Optional)
  • Signed Form-48.
  • Incorporation Certificate or Partnership Deed.
  • Identity Proof of Signatory.
  • Address Proof of Signatory.

 

B. Pramanik & Associates
Office: 158, Dumdum Road, Kolkata – 700074, West Bengal
Email: info@bpramanikassociates.com
Website: bpramanikassociates.com
Phone: +91 9339055647 | 6291316573 | 6289064067

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