Trademark offers statutory protection to the company’s intangible assets, such as design, name, and logo. The ultimate goal behind raising the trademark registration is to undermine the defaulter’s intension to replicate the product’s identity. Trademark is a form of intellectual property, and Trademark Act, 1999, protects it. In this article, we would illustrate the list of document required for trademark registration.
Overview on Trademark Identities
To avail the trademark right, one has to register under the Trademark Act, 1999. Trademark registration is a sort of legal protection against widespread activities of duplication or infringement. Apart from securing the product’s identity, Trademark also improves the product’s credibility in the marketplace.
Trademark doesn’t serve a definite limitation period, meaning it could be renewed over and over again after serving the validity period of 10 years. Meanwhile, its counterpart i.e. patent serves the time span of 20 years, and it doesn’t adhere to any renewal policy.
Read our article:Basic Definition of Trademark Registration, Objection and Assignment
Document required for Trademark Registration
The following section encompasses detail of documents required for trademark registration. Those are as follows:-
Application Form
First of all, a duly filled form needs to be furnished in order to fulfill the criteria of Document required for trademark registration. Applicants must confirm that the entire particular in the application is legitimate so that evaluator considers it without objection.
Identity Proof, Resident, & Nationality Proof
There are a few important documents required for trademark registration that include the Applicant’s name, address, and nationality. If an applicant refers to as a company, then address details and state of incorporation would be required. Meanwhile, in the case of a partnership firm, the partner’s detail needs to be enclosed in the application along with given particulars.
- Copy of Logo
- Form-48 (signed by the applicant)
- Udyog Aadhar Registration Certificate.
- Partnership Deed or Incorporation certificate.
- Signatory’s identification details.
- Signatory’s address proof.
- Copy of Power of Attorney, signed by the applicant on stamp paper of Rs. 100.
Particulars of Goods and services seeking registration
The applicant must enclose all the documents listed of goods and services proposed to be trademarked along with a prescribed application.
Document Related to Trademark Entity
A brand owner can opt for trademark registration under his/her name. For example, game developers can trademark his/her name as a brand. Such documents are referred to as trademark entity documents. Since the Trademark is a part of intellectual property, it can be available for anything that carries a company’s value, whether it a name, logo, design, or even expression. You should keep in mind that the entity document goes along with a soft copy of Trademark Seeking Registration.
Application’s Particulars filed in other countries
In case of a trademark application is made in any other country, you must provide the application attested with the documents required for trademark registration. In addition, submit certified important documents with the Trademark Office within two months of filling the application. You should make sure that the certificate demonstrates the information in the English language only. However, there might arise few exceptions to it during any revisions during time to time revision.
Documents Related to the Trademark’s use
You need this document for using the Trademark in the initial phase. Such documents are applicable in the event you have used the brand before formally registered to trademark certification.
Legal Process for Agents
The applicant has a right to hire an agent who can take care of the registration process on his/her behalf. However, to serve such a purpose, the applicant needs to cater to legal requirements. In such event, a Power of Attorney[1] must be furnished to the authority and should be duly signed by the applicant.
Other Applicants
Applicants who don’t possess Udyog Aadhar registration will have provided the below-mentioned documents to avail of trademark registration.
- Copy of Logo (Optional)
- Form-48 (signed by the applicant)
- Partnership Deed or Incorporation certificate.
- Signatory’s identification details.
- Signatory’s address proof.
Points to Remember Considering Documents Required for Trademark Registration
- Before involving with the registration process, we recommend you go through the trademark records registry to verify if the proposed Trademark contradicts a similar registered trademark. Keep in that this is a matter of legal affair, and any similarity between trademarks could drive you into legal proceedings.
- In order to conduct such an investigation, you can hop onto the government’s online portal. Once you are satisfied with your search, you can proceed and file an applicant in a prescribed form. The application must contain the requested information such as applicant’s details, mark description, list of goods and services seeking registration, and the proposed date for Trademark’s usages.
- The trademark application can be filled both offline and online. In the case of the online application, a class (iii) digital signature would be required. Meanwhile, offline registration can be addressed at the regional office of the trademark registry.
- Once you filed an application, the registrar would crosscheck the proposed Trademark against the pre-exist line up of the registered mark for duplicacy. In any objection is raised by the registrar in this context, the applicant shall be intimated via written notice. The applicant, in such an event, shall render the feedback to rectify the objection in the application.
- On the contrary, if everything seems to be acceptable in the application, then the registrar will publish the Trademark in the Trademark Journal. It would allow the third parties to raise any objection if in case any contradiction arises. The trademark entry will enclose the registration date and goods services for which it is availed. The trademark registration serves the validity period of 10 years, and it is further renewal.
Conclusion
The intellectual property laws don’t enclose any provisions that mandate the trademark registration for any individual. In general, trademark registration is availed on a voluntary basis. Every individual has a legal right to sue the person responsible for undermining their intangible assets. One has to follow a deliberate approach to avail of the trademark registration in India. It is a lengthy process, and it sought for accurate documentation, for which you can definitely count out Corpbiz Team. We shall be obliged to assist you in fulfilling your any requirements based on Document required for trademark registration!
Read our article:Process of Trademark Registration: Step by Step Guide
