Documents Required For Trademark Registration In India

Introduction

With the sudden growth of different businesses and technological advancements in different industries, individuals and businesses are pursuing protection for their creative logos and trademarks through trademark registration in India. One can file a trademark physically or electronically. One of the most essential parts is the checklist of documents required for trademark registration. 

An incomplete trademark application struggles throughout the trademark registration process. Therefore, one must ensure to file the below list of documents while pursuing trademark registration in India.

Who can do trademark registration in India?

Trademark registration can be done by anyone from the list provided below –

• An Individual 
• Start-up
• Micro, Small and Medium Entity (MSME)
• Sole Proprietorship
• Partnership firm/ Limited liability partnership
• Private Limited Company
• Hindu Undivided Family
• Non-Profit Organization 

Below is the list of document requirements for trademark registration for different types of entities. 

What are the documents required for trademark registration? 

As Individual –

If the trademark registration is done as, individual, then any one of the following documents are required for Trademark Registration for Individual.

• A copy of Aadhar card or
• Pan card or
• Driving license (permanent)

2. As a Start-up –

If the trademark registration is done as a start-up then one is required to provide the Certificate of recognition issued by the Department for Promotion of Industry and Internal Trade (DPIIT)

3. As a Micro, Small and Medium Enterprises –

If the trademark registration is done by a Micro, Small or Medium Enterprise then they should provide the Udyam Aadhar Registration Certificate issued by the Ministry of Micro, Small and Medium Enterprises (MSME). 

4. As a Sole Proprietorship –

When a sole proprietor is filing the trademark then one shall provide any one of the documents from the list below –

• Goods and Service Tax (GST) Certificate of the sole proprietorship firm

5. As a Partnership firm/ Limited Liability Partnership

If the trademark registration is done by a partnership firm then they shall provide the documents of –

• Partnership deed (if any) or
• Udyam Aadhar Registration Certificate (optional)
• Goods and Service Tax (GST) Certificate

If the trademark application is being filed as a Limited Liability Partnership (LLP) –

• Incorporation Certificate of LLP or
• Limited Liability Partnership Deed or
• Goods and Service Tax (GST) Certificate or
• Udyam Aadhar Registration Certificate (optional)

6. As a Private Limited Company –

If the trademark application is being filed as a private limited company, then they should provide the following documents along with the trademark application

• Certificate of Incorporation of the Company or
• Udyam Aadhar Registration Certificate (optional)

7. As a Hindu Undivided Family (HUF) –

The following list of documents is provided when a trademark application is applied by a HUF –

• Deed of the constitution of HUF or
• Pan Card of HUF

8. As a Society –

If a society is pursuing the procedure for trademark registration then it shall submit the Certificate Of Registration issued by the registrar of Co-operative Societies. 

9. As a Trust –

A trademark application filed by a trust should furnish the following documents as valid proof of its identity.

• Trust Deed duly executed on a stamp paper or;
• Trust Registration certificate or;
• Pan Card in the name of the Trust

Common documents required for trademark registration for all types of businesses –

The following list of documents is to be submitted by those individuals or business entities based on applicability and needs of the applicant

1. Power of Authorization of an Agent – Every trademark application which is being managed by a lawyer or a registered trademark agent should consist of a Power of Authorization of an Agent.
   
   
2. Graphical Representation of trademark – Representation of trademark influences consumer behaviour and preferences therefore it is advisable to always choose a mark that is capable of graphical representation.
   
   
3. User Affidavit – This document is to be attached with a trademark application when the applicant claims a date of first use of the trademark. Along with the user affidavit, the applicant shall also submit relevant supporting documents to prove the date of first use. (some of the supporting documents or evidence for proving the date of early use can be commercial invoices; business formation-related certificates etc.)

It is essential to check every document before pursuing trademark registration online or offline. Filing an erroneous trademark application can lead to an extension of the trademark registration process as well as a hassle for making corrections to the same. Further, the Indian trademark registry does not allow the amendment of clerical errors of every document at any stage. An incomplete trademark application may also get rejected/ refused if not filed correctly. Therefore, one should consult an expert while pursuing trademark registration in India.