Documents required for Trademark registration in India

Who can file a Trademark application in India?

Any person claiming to be the proprietor of a trademark, used or proposed to be used by him, may file an application for the registration of a Trade Mark. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used, is the owner of the mark.

What are the documents required for trademark registration in India?

The minimum documents and information which are required for filing a filing trademark application in India is as follows:

• The name, address and nationality of the Applicant. If the Applicant is a company, the country or state of incorporation with the complete address. If a partnership concern, then the name of all the partners;
• A list of goods and/or services for which registration is required;
• Trade Mark Entity: Whether the Applicant is an Individual, Start-up or a small enterprise;
• Soft copy of the trademark to be registered;
• If the application is filed claiming priority from an earlier filed application in another country, details of that application is also required at the time of filing of the application in India (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted with the Trade Marks Office in original within two months of the filing of the application. If the certificate is not in English, a certified/notarized English translation is required.
• USE : Date of first use of the trademark in India, if at all used or else the application can be filed on a proposed to be used In case the use of the trademark is claimed prior to the date of the application, an affidavit testifying to such use along with supporting documents required for trademark registration, shall have be filed along with the application. [The term ‘use’ in India has an extensive meaning and does not necessarily mean physical presence of the goods or services in India. Advertisement of the mark in foreign journals having circulation in India or the use of the mark in sales invoices, letterheads etc. bearing the trademark shall constitute ‘use’ of the mark in India.].
• Power of Attorney : A prescribed document simply signed by the authorized signatory of the Applicant with the name and designation clearly mentioned (no legalization/ notarization is required).

Is it mandatory to file Power of Attorney while filing a Trademark application?

It is mandatory to submit a Power of Attorney at the time of filing the application on behalf of an Applicant. The Power of Attorney needs to be simply signed by the Applicant (no legalization or notarization is required).

Is it mandatory to submit “Statement of Use” at the time of filing of application?

The trademark application can be filed either claiming usage from a date prior to the date of filing of application or on Proposed to be Used basis.

In case the Applicant wants to file an application claiming usage of the mark in India prior to the date of filing of application, then an affidavit, along with supporting documents testifying such use will also have to be filed. The affidavit needs to be signed by the authorized signatory and notarized by a Notary Public.

In case the Applicant wants to file an application on a Proposed to be Used basis, then an affidavit substantiating use, is not required.