Trademark Registration in India
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Documents Required for Trademark Registration in India.
To apply for trademark registration online in India, you need to submit specific documents. Here’s a list to help you get started:
1. Applicant’s Details
- Name, address, and nationality of the applicant (individual or business).
- For businesses, the incorporation certificate or proof of registration.
2. Trademark Details
- A clear image or representation of the trademark (logo, word, or design) for logo trademark registration.
- A detailed description of the goods or services the trademark will represent.
3. Proof of Trademark Usage
- If the trademark is already in use, submit documents like invoices, advertisements, or brochures showing its usage date.
- If it’s a new trademark, an intent-to-use statement may be required.
4. Power of Attorney (Form TM-48)
- This authorizes your trademark attorney or agent to file the application on your behalf.
5. Business Documents (if applicable)
- Partnership firms: Include the names of all partners.
- Companies: Submit the certificate of incorporation and board resolution authorizing the trademark application.
6. Identity Proof and Address Proof
- For individuals: PAN card, Aadhaar card, or passport.
- For businesses: GST registration or address proof of the company.
7. Signature
- A scanned copy of the applicant's or authorized signatory’s signature.
Who can all apply for a tm?
In context to the tm rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered.
A trademark application can be made by:
- Private firms
- Individuals
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
- NGO’s
Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.
Any person, pretending to be the proprietor of a tm used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the tm, the goods or services, the name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.
Advantages of Trademark Registration
Excellent Business Opportunity
A product or service being sold under a registered tm assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.
Legal Protection
A registered tm owner has the legal right in case of infringement i.e. you have a doubt that your tm is copied by someone else, then you can sue them for copying your logo, brand, name, or slogan.
Get Unique Identity
Customers will recognize a singular product or service only with the brand name. Registering a tm guarantees that competitors will not apply it and so it remains a company’s unique asset.
Global Filling of Trademark
A tm that is registered and filed in India is permitted to be filed in other countries (outside India as well). Moreover, foreigners can also get a trademark registered and filed in India.
Creation of intangible asset
The tm can be a valuable asset in case your brand builds a name and succeeds. Registering a tm makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor. A trademark is an intellectual property for the organization.
Infringement protection
Filing a tm assures the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can ask for legal protection upon the act and even sue the person or the company who made a false usage of the trademark.
Exclusive rights
The proprietor of a registered tm will be able to have exclusive rights over the tm. The same trademark can be applied by the owner for all the products that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.
Applying the registered symbol
The company can use the registered symbol (®) once the tm is filed. The logo is evidence of the fact that the tm is already registered and cannot be applied by another individual or another company. In the case of illegal usage, the person who holds the tm can decide to sue the other person
Differentiating products
Trademarking assists the consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.
Promotes Goods and Services
Registering a trademark constitutes the face of the company or the goods and services. This serves to differentiate and promote brand creation. Most of the companies get their identity by tm so it plays a crucial role in promoting and enhancing the brand value.
Protect the Commercial Goodwill
A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement
Advertising sales
The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.