Wednesday, July 6, 2022

Documents Required for Trademark Registration in India

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A trademark is a pictorial depiction of a word, label, name, numeric characters, or device that a company uses to distinguish its goods and/or services against identical products and services offered by some other company. The trademark is a sacrosanct asset or intellectual property for a company which is used to secure the firm’s financing for the trademark or ideogram once it has been registered.

The Controller General of Patents, Ministry of Commerce and Industry, Designs and Trademarks, Government of India, registers trademarks in India. In India, trademarks are certified under the Trademark Act of 2016, which gives trademark owners the right to prosecute for damages if their trademarks are violated. 

The sign could be used by the owners when the trademark is registered, and the registered trademark would be legitimate for ten years. Furthermore, registered trademarks about to expire could be revived by filing a trademark renewal application for an additional 10-year period.

Documents Required for Trademark Registration

Aside from paperwork identifying the registered entity, identity evidence, and status papers (partnership deed/company registration certificate, etc.) and some declarations are needed for completing the registration of a trademark application. Digitized versions of the required documents should be attached to an e-application. 

The department has a guidebook that potential applicants can use as a guide. The presentation, on the other hand, is technical. 

To apply, one needs to fill out the form available on the trademark authority’s website.

Required documents for Individuals and Sole Proprietors:

• Proof of Nationality and Identity: Valid Passport or Voter ID card with name and date of birth. 

• Proof of Address: Valid Passport, Aadhar Card, and Valid Driver’s licence drivers are all acceptable proofs.

• A digital signature is required to sign the application form.

• Documents of trademark entities: A version of the text which needs to be trademarked. If the point is made in a vernacular language, the original text must be accompanied by an English translation of all the words. One must provide a soft copy of the logo, design, or music/sound to register it. The logo/design should be provided in black and white in PNG/ JPEG format with an 8X8 cm size.

• Substantiating documentation for trademark usage: If utilised, an affidavit stating the date of its initial use in India (of an item or substance to be trademarked) before registration.

• Commodities and Services for Registration: This is a comprehensive list of the goods and services for which trademark registration is sought.

• An authorization in Form 48 must be provided if the official candidate doesn’t apply. It’s vital to keep in mind that form 48 requires the authorization of a specific person, such as a trademark lawyer or agent. It is not permissible to grant general authorization in the name of a company.

Required documents for LLP and Partnerships Firms, Registered Firms:

• An authenticated version of the registered partnership agreement for a partnership firm. 

• A version of both the LLP certificate and the incorporation certificate, both legally attested, must be provided by an LLP firm. 

• The MOA & AOA (memorandum and articles of association) for a registered company. 

• The content of the trademark: a version of the text in the regional languages with an English translation; soft copies in black and white in the context of a logo or design; a digital duplicate of the audio or music. 

• Registration of Products and Services: A detailed list of the goods/services for which the certification is requested.

Required Documents for Trusts/Societies/Personal Associations/Small Businesses:

This required information is necessary in addition to the normal documentation required in the case of Individuals: 

• Trusts agreement, Registration document, and other proof of the organization’s existence. 

• A Udyog Aadhar certificate of registration is essential for a small business.

Benefits of a Trademark

Trademark registration allows one to prove the ownership of a trademarked word, logo, or sound. It protects a company’s “brand” by prohibiting other firms from registering similar names. It is a business’s intangible asset that increases investor confidence.

Conclusion

Business development is fuelled by competitiveness. Even as competition becomes tougher, progressive businesses are driven by novel ideas for altering an established system or launching a new product/service. Therefore in this instance, trademark registration is much more important. The trademark is a cost-effective way of protecting any use and infringing of a firm’s intangible assets, such as its brand name and logo, for start-ups, and micro-enterprises. In contrast, the firm would emphasize its development.

Trademark registration is a straightforward process that requires only a few documents and can help one develop a lucrative and reliable connection with clients.

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