Requirements for Filing a Trademark Application

Knowing the importance of trademark, there needs to be a lot of documentation carried on in the process of the registration. This article gives an overview of the documents required for filing a trademark application.

The Legal requirements for trademark registration are as follows;

  • The selected trademark is expected to be flexible enough while representing it graphically(It should be printed in tangible medium i.e. on paper)
  • It should be distinctive in nature distinguishing it from other goods and services.
  • It is also needed to be used or proposed to be utilized as a mark on related products and services and also a person who is to be given right to publish mark with or without being identified.

Once the legal requirements are met there are three most important things are to be submitted for the registration, they are;

  • The Power of Attorney is to be signed by the applicant for an individual, and if it's of a company, then it needs to be signed by the authorized Director of the enterprise. It is not necessary to be legalized or notarized.
  • Twenty(20) prints or labels are required to be submitted of the trademark, if it's a word then labels or marks are not necessary.
  • The Application Form, which is of high priority.

The requirements for filing the Application Form to avoid any confusion tampering your way of registration.

The details about the applicant:

  • Name
  • Address
  • Nationality
  • Partner's Details (if any)
  • Minor partner (if any)
  • In case the trademark is of a company, then the State/Country of the incorporation needs to be mentioned.
  • The goods and services related to the trademark should be listed in detail.
  • Trademark soft-copy is also to be submitted.
  • Translation of any non-English word is must.
  • If you have used the trademark in India, then the first date of use is to be written.
  • The applicant's signature on The Power of Attorney, there is no need for legalization or notarization of the same. But specifically for Indian clients, it is to be executed in 100 Rs. Stamp paper and then signed by the applicant. The Power of Attorney can be submitted later as well.

Keeping in mind all the requirements here are the summarized documents regarding Trademark registration in India.

  • The Application of trademark signed by the applicant.
  • A detailed explanation of goods or services for which the application is made. Maximum 500 words.
  • A document stating the use of the trademark (first date) and by whom.
  • Trademark to be represented in its particular size and format.
  • 5 copied of additional representation of the mark along with the goods and services. The details of the applicant to be mentioned.
  • Specifically for Color mark, there needs to be one application with black & white representation of mark and 5 with the color mark.
  • For an application demanding 3-D mark, it should attach a 2-D representation or a photograph.
  • For packaging trademark, there should be minimum of 5 different looks of the product that is to be attached.
  • The translation is important, if there is any non-English word it is must to be translated into English for better comprehension.
  • For an application that claims priority, information about the date of earlier application along with a number of application and the state or country in which the earlier application was filed is furnished.
  • Another important document to be submitted is the Power of Attorney which should have the name and status of the proprietor. It is not necessary to notarize the Power of Attorney.

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