Which documents are required for registration of Trade Marks?
What is Trade Mark?
Trade mark means
- a mark capable of represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include shape of goods, their packaging and combination of colors; and
- in relation to a registered trade mark or mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and
- some person having the right as proprietor to use the mark, and in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate to a connection in the course of trade between the goods or services, as the case may be, and
- some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.
Documents Required at the time of registration
Following documents required at the time of registration of Trademark under Trade Marks Act, 1999 :
If the applicant – Partnership Firm
The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention about minor partner, if any.
If the applicant – company,
The country or state of incorporation, Name of the company , Its registered address, Names of the directors managing the company.
Other important documents which needs to submitted by every firm, organisation, company etc.:
- A list of goods and/or services for which registration required.
- Soft copy of the trademark for which registration application applied.
- If the mark contains or consists of non-English words, a translation of those words into English required.
- If the application claims priority from an earlier filed convention application, details of that application also required (application number, filing date, country and goods/services).
- Also submit certified priority document or its duly notarized copy. If the certificate not in English, a certified/notarized English translation also required. If its not readily available, the application can filed based on the basic application number, date of the application and country of the application. Also submit copy of the priority document within 1 month from the filing date of the application.
- Date of first use of the trademark in India, if at all used
- Power of attorney simply signed by the applicant (no legalization or notarization required). For Indian clients, power of attorney to executed in 100 Rs. stamp paper and signed by the applicant. The power of attorney not required at the time of lodging the application and submitted later with no additional cost.