Trademarks identify products that belong to a specific company, and in the process, recognize the company as the owner of the product. Trademarks usually are insignias, words or symbols that represent a product and differentiates it from other products of its kind. Registering trademarks helps to protect the goodwill built under the brand or brand name.
In India, protecting trademarks under the Trademarks Act of 1999 is a must. Submit a few documents while registering a trademark.
Here is a list of all the documents needed for trademark registration.
First and foremost, a duly filled application form needs to be submitted. Applicants need to ensure that the form is filled, especially all the mandatory sections so that the evaluator considers the applied trademark.
Identity, address and nationality proof documents
Please do be mindful of identity documents. Submit identity, address and nationality proof certificate along with the application form. In case of trademark registration for a company, furnish documents supporting the country in which the company is registered, mentioning the complete registered address. Similarly, if it is for registering a trademark for a partnership concern, provide the ID, address and nationality proof documents of all the partners.
Goods and services for registration
One of the most vital documents required for trademark filing is the one containing the list of all the goods and services for trademark registration. In case of special services or intending to sell some specific goods, file trademarks for the same.
Trademark entity documents and soft copy of the trademark
In many cases, individuals who own the brand can file for a trademark under their name. For instance, fashion designers can have their name trademarked as a brand. Such documents are known as trademark entity documents. Whether you are an individual, a small enterprise or even a start-up, you can get a trademark registered under your chosen brand name.
Along with the entity document, you must also provide a soft copy of the trademark you need to be registered.
Details of applications filed in other countries
In case of a trademark application in any other country, submit that application document along with the documents required for trademark registration in India. Additionally, provide a certified priority document or a duly notarized copy of the same with the Trademarks Office in original within two months of filing the trademark application. In case this certificate is in any other language, submit it after translating it into English.
Documents supporting the use of the trademark
Another document required for trademark registration is the use document i.e. a document that supports the first use of the trademark in India. This is applicable in case you’ve used the brand, products or services, before registering the trademark formally. In such a situation, you need to provide an affidavit testifying to such use in addition to the supporting documents.
Legal process for agents
In case of procuring the services of an agent for the trademark registration process, enlist the agent as power of attorney. Submit a document stating the said individual as power of attorney.
As per the intellectual property laws in India, there is no mandate that you must register a trademark. Even if the applicant decides against registering a trademark, the right to file a legal case against an individual or company attempting to use your brand name without permission is allowed for applicants. But since the process of trademark registrations is quite simple as compared to other intellectual properties that need registration like patents, utility designs and geographical indications, it is best to get the trademark registered by submitting the required documents for trademark registration.