Documents Required for Trademark Registration in India

What are the different types of applicants for trademark registration?

Applicants are classified for trademark registration as follows:

1. Individual
2. Sole proprietor
3. Partnership firm
4. MSME - (Small Enterprises)
5. Limited liability Partnership
6. Company

Documents Required for Individual or Sole Proprietor/ Proprietor

The documents needed for a person who is an Indian National or Foreign National and wants to register a trademark in their name as a Sole Proprietor or Proprietorship Firm or Individual are:

• A Logo or Trademark Copy (optional): The logo copy should be in JPEG or PNG format and can be either colorful or black and white with a size of 8X8 cm. The trademark can also be registered with a word mark if the logo is not provided.
• Form- TM-48: This form is an authorization given by the applicant to a Trademark Agent/Attorney to file the trademark application on their behalf. The applicant should sign the form.
• Proof of Identity of the owner or Proprietor of the firm.
• Proof of Address of the owner or Proprietor of the firm.
• Trademark description- description of goods or services.
• Mobile Number and email address of the sole proprietor,

Documents required for Company/ Partnership or limited liability Partnership (LLP) - MSMEs

The Government of India acknowledges the role of Small Enterprises, MSMEs, and Startups in creating wealth and jobs for the country. Trademark Registration helps MSMEs and Startups establish their unique identity among the public and protect their goodwill, brand image, and reputation from being harmed. This leads to a more secure and sustainable business in the long term.

To qualify as a small enterprise, the applicant needs to submit an Udhyog Aadhaar registration certificate and, for Startups, a certificate issued by DPIIT. These documents are also necessary for Trademark Registration:

• A Copy of the Logo or Trademark (optional): The logo should be in JPEG or PNG format and can be either colorful or black and white with a size dimension of 8X8 cm. If the logo is not provided, the word mark can be used instead for the application.
• Form- TM-48: Form – TM-48 is a power of attorney given by the applicant to a Trademark Agent/Attorney to file the Trademark application on their behalf. The form should be signed by the applicant.
• Udyog Aadhaar Registration Certificate or Startup Recognition certificate issued by DPIIT.
• Partnership deed or LLP Incorporation Certificate or Certificate of Incorporation of Company.
• Identity proof of the Authorised Signatory of the organization.
• Address proof of the Authorised Signatory of the organization.
• If you file for trademark registration online, you must have a digital signature certificate (DSC).

Documents required for Company/ Partnership or limited liability Partnership - other than MSMEs

The following documents are required for those applicants who do not possess Udyog Aadhar Certificate (Not MSME), or DPIIT Recognised Startup Certificate:

• Logo or Trademark Copy (optional): The logo should be in JPEG or PNG format, either in color or black and white, with a size of 8X8 cm. The wordmark can also be used if the logo is not available.
• Form- TM-48: This form is an authorization given by the applicant to a Trademark Agent/Attorney to file the Trademark application on their behalf. The form should have the applicant’s signature.
• Partnership deed or LLP Incorporation certificate , or Company Incorporation Certificate.
• Identity proof of the organization’s Authorised Signatory.
• Address proof of the organization’s Authorised Signatory.

Documents required for Trust/ Society/ Statutory Body/ Others - MSMEs

The following documents are mandatory for Trademark Registration for small enterprises, along with a Udyog Aadhar registration certificate:

• A Logo or Trademark Copy (optional): The logo should be in JPEG or PNG format, either in color or black and white, with a size of 8X8 cm. The wordmark can also be used if the logo is not available.
• Form- TM-48: This form is an authorization from the applicant to a Trademark Agent/Attorney to file the Trademark application on their behalf. The applicant should sign the form.
• Udyog Aadhaar Registration Certificate.
• A document showing the existence of the Organisation, such as a trust deed or registration certificate.
• Identity proof of the Organisation’s Authorised Signatory.
• Address proof of the Organisation’s Authorised Signatory.

Documents required for Trust / Society/ Statutory Body/ HUF/ Others

The following documents are required for applicants who do not possess the Udyog Aadhar Certificate:

• A Copy of Logo or Trademark (optional): The logo should be in JPEG or PNG format, either in color or black and white, with a size of 8X8 cm. The wordmark can also be used if the logo is not available.
• Form- TM-48: This form is an authorization from the applicant to a Trademark Agent/Attorney to file the Trademark application on their behalf. The form must be signed by the applicant.
• Proof of the existence of the Organisation, such as a Registration Certificate, Trust deed, or any other document.
• Identity proof of the Organisation’s Authorised Signatory.
• Address proof of the Organisation’s Authorised Signatory.
• There is provision of opposition of trademark.To initiate trademark opposition proceedings, a notice of trademark opposition can be filed by any person within four months of date of advertisement or re-advertisement of the application in the Trademark Journal with sufficient proof of evidence.