What are the minimum documents/information required for filing trademark application in India?
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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 basis. 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 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).
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