Requirements for Filing a Trademark Application in India

Trademark owners often have a question “what are requirements for filing a trademark application in India” or “what are the documents required for trademark registration in India”, before filing a trademark application. In this post, we will specify the minimum documents and information required for filing a trademark application in India.

1. Name, address and nationality of the applicant.

• If the applicant is an individual or owner of a proprietorship firm, no other proof is required.
• If the applicant is a company i.e., a private limited, then the country or state of incorporation with complete address is required.
• If the applicant is a partnership firm or a limited liability partnership (LLP) firm, then names of all partners are required. A list of goods and/or services for which registration is required.

2. Trademark Entity Type: It is required to determine whether the applicant is an individual, a start-up, a small enterprise or a large entity. This helps to calculate the government fees to be paid for filing a trademark application.

3. If the trademark includes a word/text, then just the text is sufficient. If the trademark includes a logo/image/device, then a high resolution image is required.

4. If the trademark contains non-English word(s), then a translation of those words in English is required.

5. Date of first use: The trademark application can be filed claiming usage from a date prior to the date of filing of application or on a proposed to be used basis.

• Prior use: If the applicant had already used the trademark prior to filing of the trademark application, then applicant has to submit an affidavit along with supporting documents testifying such use. The affidavit needs to be signed by the authorized signatory and notarized by a Notary Public.
• Propose to be used: If the applicant did not use the trademark yet and intend to use it from a future date, then the trademark application will be filed as a “proposed to be used” mark. When the trademark application needs to be filed as a proposed to be used mark, then the affidavit is not required.

6. If the trademark application needs to be filed claiming priority from an earlier filed application in another country, details of that application such as application number, filing date, country and goods/services are required. Further, a certified priority document or its duly notarized copy in original needs to be submitted within two months of the filing of the application. If the certificate is not in English, then a certified/notarized English translation is required.

7. Power of Attorney (PoA): A prescribed document signed by the authorized signatory of the Applicant with the name and designation clearly mentioned needs to be submitted. Power of attorney should be executed on a Rs. 100 stamp paper and signed by the applicant.

If you have more questions on documents required for trademark registration in India, please write to us at contact@patntech.com

Also Read: Trademark Registration in India- FAQs

                    Do’s and Don’ts for trademark registration in India

Author: Chandrasekhar Raju