Documents Required for Trademark Registration

Trademark registration is important for protecting against unfair competition and wrong use of brand names by other competitors. The Indian government by the trademark registration process has benefited startups and other businesses to protect their hard earned image and goodwills. 

Understanding the documents required for trademark registration is an essential part of the application process. 

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Different Types of Applicants for Trademark Registration

Trademark registration can be done the following:

• Individuals – Sole business owners seeking to register their proprietary trademarks or brand names. 
• Sole Proprietorships – Businesses owned by one person only. Need to provide proprietor’s identity/address proof and business address proof.
• Partnerships & Limited Liability Partnerships– Registered business entities with a partnership deed. Must submit the partnership deed or LLP agreement, and proof of identity/address of authorised partner.
• Private/Public Limited Companies – Incorporated entities with a legal Memorandum of Association and Articles of Association. Require company incorporation certificate, MoA & AoA, and authorised signatory identity/address proof.
• Trusts, Societies & Non-Profit Organisations – Registered non-commercial entities with by-laws and organisational documents. Must submit registration proof and identity/address documents of authorised office bearer.
• Statutory/Government Bodies – Constitutionally formed authorities eligible for trademark registration. Require authorisation clearance and verification documents.

Documents Required for Trademark Registration – Individual or Sole Proprietor/Proprietorship

Individuals or sole proprietors has to give these documents for registration of TM:

These documents establish the legal identity and address of the individual or sole proprietor seeking trademark registration under their name. Failure to produce valid documents required for trademark registration can also even lead into application rejection.

Documents Required for Trademark Registration – Company/Partnership or Limited Liability Partnership (LLP) – MSMEs

For small enterprises which have been classified as MSMEs, the following are the documents required for trademark registration:

Documents Required for Trademark Registration – Company/Partnership or Limited Liability Partnership – Other than MSMEs

For entities other than MSMEs, the following are the documents required for trademark registration:

• Logo/Trademark Copy (Optional) – A logo or trademark design to be registered, in JPEG/PNG format, sized 8cm x 8cm. Can submit a word mark if logo unavailable.
• Form TM-48 – The authorisation form appointing a Trademark Agent/Attorney for application filing, signed by the authorised representative.
• Certificate of Incorporation/Partnership Deed/LLP Registration Certificate – Documents validating the legal business entity status and structure.
• Proof of Registered Office Address – Recent electricity bill, registered rent/lease agreement displaying the current registered office address.
• Authorised Signatory Identity and Address Proof – PAN Card, Aadhaar Card, Passport etc. along with electricity bill, bank statement etc. confirming the authorised signatory details.

These documents establish the company/LLP/partnership legal status, registered address and authorised signatory identity, which are essentials for trademark registration eligibility.

Documents Required for Trademark Registration  – Trust/Society/Statutory Body/Others – MSMEs

For MSMEs classified as trusts, societies, statutory bodies, or other entities, the following documents are essential:

Documents of Trademark Registration  – Trust/Society/Statutory Body/HUF/Others

For entities other than MSMEs in the categories of trusts, societies, statutory bodies, HUF, or others, the following are the registration documents:

These documents validate the legal status, registered address and authorised signatory identity prerequisites for trademark registration eligibility by non-conventional, non-MSME entities. Accurate submissions prevent application queries.

Final Thoughts

One of the essential components in building brand protection and legal standing for a business of any size or type is the trademark registration. The specific set of documents required for trademark registration are dependent on registration of the trademark under a particular class. The applicants can go through the process smoothly using this information. Meeting the document requirements, ensuring the correctness of the information submitted, and following the steps of the registration process make it possible for a brand identity to be effectively protected.

FAQs

1. What documents are needed for individual trademark registration in India?

Proof of Identity (PAN card, Aadhaar card, passport, etc), Proof of Address (electricity bill, bank statement), and Form TM-48 authorisation are required.

2. What documents are necessary for trademark registration for small businesses (MSMEs) in India?

MSMEs need Logo/Trademark Copy, Form TM-48, Udyog Aadhaar/Startup Certificate, Partnership Deed/LLP Incorporation/Company Incorporation, and Identity/Address Proof.

3. What documents are required for trademark registration for companies, partnerships, or LLPs in India, excluding MSMEs?

Documents include Logo/Trademark Copy, Form TM-48, Partnership Deed/LLP Incorporation/Company Incorporation, Proof of Registered Office Address, and Identity/Address Proof.

4. How can StartupFino assist in the trademark registration process?

StartupFino provides expert guidance, document verification, and filing services for trademark registration for your business.