Trademark registration refers to a legal instrument that protects intangible assets from being infringed. As per the Trademark Act, the term “Trademark” can exist in various forms like words, phrases, numbers, or combinations of all. Trademark registration can unlock limitless possibilities for a business in terms of credibility and growth. Trademark registration is vital for any business seeking to make its mark in its respective niche. As with other governing licensing processes, trademark registration also requires the applicant to arrange certain documentation. In this article, we will be going to discuss mandatory documents for trademark registration in Noida.
Note: Applicants are not required to furnish the original documents as then a scanned copy of the same will do.
List of Documents for Trademark Registration in Noida
Let’s have a walkthrough of some mandatory applications and documents for trademark registration in Noida:
Documents for Individuals & Sole Proprietorship
Trademark registration is available to both Indian and foreign nationals. Such individuals are not required to set up an entity beforehand to apply for trademark registration. Anyway, the documents that one must submit representing a sole proprietorship are as follow:
- Copy of the logo in the non-coloured format (colour requirement is optional). In the absence of the logo, the description of the same will do.
- Signed Form-48- It vests filling rights to the Trademark Attorney.
- Identity Proof of the proprietor.
- Address Proof concerning Proprietor.
Documents for Partnership / LLP / Company
The trademark registration fee ranges from Rs 5,000-10,000. For small businesses and startups, a lower fee threshold is applicable. Likewise, the bigger organization needs to furnish a higher fee threshold. Applicants belonging to a small enterprise must submit the Udyog Aadhar registration certificate. Plus, they need to arrange the following dossiers.
Partnership / LLP / Company
Applicants belonging to the partnership firm or LLP must submit the following documents:
- Copy of Logo (Optional)
- Udyog Aadhar Registration Certificate.
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Address Proof of Signatory.
- Identity Proof of Signatory.
Other Applicants
All other applicants, including entities that have nothing to do with the Udyog Aadhar registration, can submit the following documents:
- Copy of Logo (Optional)
- Incorporation Certificate or Partnership Deed.
- Signed Form-48.
- Address Proof of Signatory.
- Identity Proof of Signatory.
An Overview of Form TM-A (An application for Trademark Registration)
Form TM-A is a trademark application that encloses various fields to be filed by the applicant. Let’s take a closer look at what type of information an applicant needs to enclose in this form:
- Select one of the
categories from the following options:
- Standard trademark
- Collective Mark
- Certification Mark
- Series Mark
- Select the applicant type
from the following
- Individual
- Startup
- Small Enterprise
- others
- Fee amount (INR) – Refer to the first schedule to ascertain the applicable fee amount.
- Applicant name and address (address here refers to a place of business).
- Contact details of the applicant such as the mobile number and email id
- Select the applicant status from the following
- Individual
- Partnership Firm
- Body-incorporate including Private Limited/Limited Company
- Limited Liability Partnership
- Society
- Trust
- Government Department
- Statutory Organization
- Association of persons
- Hindu Undivided Family
- Applicant’s agent name and detail (if any)
- Address and the contract detail of the agent
- Nature of the agent i.e. select whether the agent is Constituted Attorney, advocate, or registered trademark agent.
- Registration number
- Category of the mark- select whether the proposed mark falls under word mark, device mark, colour mark, or 3-d mark.
- Description of the mark
- Condition or limitation relating to the proposed mark (if any)
- Class of Good or Service.
- Detail of the person furnishing the application
Details to be included in Form 48 (application for agent authorization)
Form 48 refers to an agent authorization form filed by the individual seeking trademark registration. This is primarily a declaration form that affirms the appointment of a professional, technically known as a trademark agent or legal practitioner, responsible for addressing the registration formalities on the registration seeker’s behalf. Following are the particulars that an applicant needs to furnish in Form 48:
- Agent Code Number
- Propeirtor Code Number
- Address where authority can communicate with the agent
- Declaration about the agent’s appointment
- Name and signature of the signatory
- Agent name and address
- Reason for the appointment of the agent
- Address of the respective trademark registry office
Conclusion
That is all about the paperwork and application relating to trademark registration. Keep in mind that the legitimacy of your document plays a big part in the application approval. The margin for error concerning documents for trademark registration in Noida is next to negligible. So, be mindful of the paperwork preparation and arrangement. If you encounter any issues regarding this, feel free to team up with Corpbiz’s professionals.
Read Our Article: How Can You Apply For Online Trademark Registration In India?
