Guide to Trademark Registration : Application, Filing and Documents

Trademark is an intellectual property. It ensures that a logo, symbol, sign or anything of the sort recognises a brand. It is legally registered using documents required for trademark registration, to represent and differentiate a company or establishment in the market with respect to its uniqueness.

To protect the brand from unwanted use or duplicate usage, obtaining a trademark through trademark registration is a must. It enforces your legal rights. The authorities do not grant trademark registration to the offensive, generic, deceptive marks or ones containing especially protected emblems.

For more adept legal help or information about the application, filing, documents and more of Trademark Registration, connect to us for an expert legal consultation.

 

The Controller General of Patents Designs and Trademarks under the Ministry of Commerce and Industry under the Trademark Act, 1999 register trademarks in India. A trademark once registered has a validity of 10 years; after which it can be renewed by the simple application of renewal of trademark. 

Trademark Registration in India has been further simplified to ensure proper registration and also to encourage the same as it provides the legal right to the trademark holder to sue for damages for infringement.

Table of Contents:

1. Who can apply for Trademark registration?

2. What are the documents required for Trademark registration?

3. Who can help you?

Consult: Top IPR Infringement Lawyers in India

Who can apply for Trademark registration?

Any person who is an individual, company, proprietor or legal entity can apply for trademark registration under the Ministry. In general, the person who would be controlling the use of the mark or controlling the nature and quality of goods and services is required to register for a trademark.

It requires 18 to 24 months to complete the procedure for registration of trademark after which the brand can use the ™ mark or the ® mark which represents Trademark and Registered symbol respectively. The registration of the trademark can be done after the organization is using the trademark to obtain the legal remedy.

It is unlawful to use the same or similar trademark to cause deception, once the authorities assign a trademark. This can attract legal consequences.

What are the documents required for Trademark registration?

A Trademark is required to be registered with the Ministry and you can submit for registration of a trademark with the help of the following documents:

1. The name, address, and nationality of the applicant: If the applicant is a partnership firm the names of all the partners is required, but if it is a Limited Liability Partnership (LLP) the application for registration of a trademark must be made in the name of the LLP. If the applicant is a company, then they require the state or country of incorporation of the company. They also require the complete registered address. In case of proprietorship firm, they should mention the full name of the proprietor in the application. A business name or proprietorship name is not acceptable as the name of the individual. In the case of Society or Trust, they should make the application in the name of the Managing Trustee or Chairman or Secretary. This should represent the Trust or Society. They should submit the original proof or certified copies for the aforementioned details.

2. Trademark is obtained against goods and services which are required to be distinguished: A list of goods and services for which registration of a trademark is required is to be submitted along with the application. If the trademark registration is required for more than one product it is suggested that the application be made under all applicable classes to ensure protection for all related products. It is necessary to secure the brand name and value. Statement of usage of a trademark is essential as sometimes there are similar trademarks but they represent different things.

3. Soft copy of the trademark which is to be registered: The soft copy of the trademark is required to be submitted along with the application for registration of a trademark. The mark should be understandable and should contain a translation into English, if it is not in English.

4. Date of first use of the trademark: The date of first use of the trademark is to be mentioned in the application if it was used prior or in use prior to application for registration of a trademark. You will also need to attach an affidavit for the same. If you use the mark with a future date, you should provide the same date for the proposed use of the mark.

5. Power of Attorney: It is mandatory to attach a power of attorney along with the application of registration of the Trademark. The applicant simply needs to sign the Power of Attorney. There is no need for legalisation or notarisation for the same. The power of attorney form is filed under Form TM- 48 which is on a Rs. 100/- non-judicial stamp paper. One must execute the power of attorney in favour of an individual attorney or agent.

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You do not need to submit the power of attorney at the time of the application. It can be submitted later with no further additional costs.

For more queries or confusion, ask for expert legal advice regarding trademark registration now!

Note: If you are claiming priority from an earlier filed application, the details for the same is required to be submitted like the application number, filing date, country and goods or services. You will need to submit a certified prior document with the Trade Marks Office. This should be done within 2 months of the filing of the applicant.

You would require a certified English translation if the certificate is in a language other than English. During the whole process of application, it is not necessary to submit original documents. Scanned copies of the documents suffice the purpose of the application.

Once the registration of the same is done, it ensures that your legal rights are intact and can be enforced against any infringement of trademark. It is recommended that while filing for a trademark, a search shall be done to ensure that the mark is not similar or deceptive in any manner.

The research can be done through the online portal which provides easy access to registered trademarks online. The application of trademark is a careful step in establishing a brand and shall be done keeping the whole process in mind.

Who can help you?

We, at MyAdvo, understand all your legal concerns and make sure to resolve your legal queries in one simple click! From online lawyer consultations to knowing all about Indian Law and legal system through our blogs, we at MyAdvo help you out completely. We have a list of experienced lawyers who you can connect with and choose amongst 10,000+ attorneys to represent your case. At MyAdvo, you can forget all your worries after expressing your problems to us through mail at support@myadvo.in or by calling at +91-9811782573.   

 

Written by: Anmol Srivastava