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The protection of brand names, logos, and brand specifications, generally brand images, against unauthorized use and infringement is referred to as trademark registration. Many of us are not aware of the documents required for the registration of the trademark. The registering trademark process is not as complex as it has been simplified by the Indian government. Startups can easily register their trademark, but registering a trademark is different for different types of applicants. In this article, we have included a simple list of the documents required. It is notable that only scanned copies of the original documents are required for registration of the trademark.
If falsely applied for the trademark, then Imprisonment for a period not less than six months that may extend to three years. A fine that is not less than Rs 50,000 that may extend to Rs 2 lakh
Applicants are classified for trademark registration as follows:
The documents required for trademark registration 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:
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.
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.
Provide 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,
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 a Udhyog Aadhaar registration certificate and, for Startups, a certificate issued by DPIIT. These documents required for Trademark Registration:
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 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).
The following documents are required for trademark registration for those applicants who do not possess a Udyog Aadhar Certificate (Not MSME), or DPIIT Recognised Startup Certificate:
The following documents are mandatory for Trademark Registration for small enterprises, along with a Udyog Aadhar registration certificate:
The following documents are required for applicants who do not possess the Udyog Aadhar Certificate:
Yes, a trademark search is highly recommended before filing a trademark registration. While it's not technically mandatory in most jurisdictions, conducting a search can:
After submission, the application is examined, and an examination report is issued. If there are objections, you must respond within 30 days.
The entire process can take approximately 12-18 months, assuming no major issues arise.
The government fee for filing a trademark application is ₹4,500 for individuals/startups/small enterprises and ₹9,000 for others.
