Documents Required For Trademark Registration In India

Introduction

With the immense growth of different businesses and technological advancements across industries; individuals and businesses are seeking protection for their creative logos as well as trademarks through trademark registration in India. An incomplete trademark application struggles throughout the trademark registration process. Hence, one of the most essential parts is the checklist of documents required for trademark registration.

In this article, we will answer important questions. Such as – what is a Trademark, what are the main documents required for trademark registration, what documents are required for trademark registration in India if you are an individual vs what documents are required for trademark registration in India if you are a business, etc.

What is a Trademark?

A trademark is a visual signifier that represents your company. It helps consumers differentiate your goods and also services from those of other brands. It’s very helpful for growing your brand and building a strong consumer base.

Who can do trademark registration in India?

Now answering what can be Trademarked, trademark registration can be done by anyone from the list provided below, such as –

• An Individual 
• Start-up
• Micro, Small and Medium Entity (MSME)
• Sole Proprietorship
• Partnership firm/ Limited liability partnership
• Private Limited Company
• Hindu Undivided Family
• Non-Profit Organization 

Below is the list of document requirements for trademark registration for different types of entities. 

What are the documents required for trademark registration? 

Here is a list of the various documents required for Trademark Registration in India for different entities:

1. As Individual:

If an individual applies for trademark registration, they need to provide the following documents for Trademark Registration:

• A copy of Aadhar card or
• Pan card or
• Driving license (permanent)

2. As a Start-up:

One of the most important documents required for Trademark Registration in India for a Startup is a Certificate of recognition; issued by the (DPIIT) – Department for Promotion of Industry and Internal Trade.

3. As a Micro, Small and Medium Enterprises:

For Micro, Small or Medium Enterprise, one of the important documents required for Trademark Registration in India is Udyam Aadhar Registration Certificate issued by the Ministry of MSME – Micro, Small and Medium Enterprises.

4. As a Sole Proprietorship:

When a sole proprietor is filing the trademark then one shall provide their Goods and Service Tax (GST) Certificate.

5. As a Partnership firm/ Limited Liability Partnership:

Partnership firms must provide the following documents for Trademark Registration in India-

• Partnership deed (if any) or
• Udyam Aadhar Registration Certificate (optional)
• Goods and Service Tax (GST) Certificate

Limited Liability Partnership (LLP) must provide the following documents for Trademark Registration in India-

• Incorporation Certificate of LLP or
• Limited Liability Partnership Deed or
• Goods and Service Tax (GST) Certificate or
• Udyam Aadhar Registration Certificate (optional)

6. As a Private Limited Company:

Private limited companies must provide the following documents for Trademark Registration in India-

• Certificate of Incorporation of the Company or
• Udyam Aadhar Registration Certificate (optional)

7. As a Hindu Undivided Family (HUF):

The following is the list of documents that an HUF needs for trademark registration in India:

• Deed of the constitution of HUF or
• Pan Card of HUF

8. As a Society:

If a society is pursuing the procedure for trademark registration then it shall submit the Certificate Of Registration issued by the registrar of Co-operative Societies. 

9. As a Trust:

A trademark application filed by a trust should furnish the following documents as valid proof of its identity.

• Trust Deed duly executed on a stamp paper or;
• Trust Registration certificate or;
• Pan Card in the name of the Trust

Common documents required for trademark registration for all types of businesses

Individuals or business entities, based on the applicability as well as needs of the applicant, must submit the following list of documents required for Trademark Registration:

1. Power of Authorization of an Agent – Every trademark application filed by a lawyer or a registered trademark agent must contain a Power of Authorization of an Agent.
2. Graphical Representation of trademark – Representation of trademark influences consumer behaviour as well as preferences therefore it is advisable to always choose a mark that is capable of graphical representation.
3. User Affidavit – You need to attach this document with a trademark application when the applicant claims a date of first use of the trademark. Along with the user affidavit, the applicant shall also submit relevant supporting documents to prove the date of first use. (Such as commercial invoices, business formation-related certificates, etc.)

Why go for Trademark registration?

There are many benefits of Trademark registration; the main ones being:

1. Exclusive access: You get the right to use that Trademark exclusively. This means no one but your business gets to use your Trademark.
2. Legal Access: You get to easily access legal help in case anyone infringes on your exclusive right to use the Trademark.
3. Asset Value: All Trademarks are assets in themselves. That is, you can sell or license them. Hence, they increase your brand value.
4. Growing Consumer base: When consumers can identify you, you can create as well as grow a proper consumer base.

Conclusion

It is essential to check every document before pursuing trademark registration online or offline. Filing an erroneous trademark application can lead to an extension of the trademark registration process as well as a hassle for making corrections to the same. An incomplete trademark application, or an application that is not filed correctly, may get rejected or refused. Therefore, one should consult an expert while pursuing trademark registration in India.