- A trademark is one of the components of Intellectual Property Right and is designated by the symbol TM or ® or mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to distinguish their product and services from others in the market. A trademark can be a name, word, phrase, logo, symbol, design, image, or a combination of these elements.
- Any person who claims to be a trademark owner can use or propose to use, and may file an application for, trademark registration. The Primary step is a properly filled application form that needs to be submitted. Applicants need to assure that the form is filled. Submit identity proof, address and nationality proof certificate along with the application form. In case of trademark registration for a company, provide documents supporting the country in which the company is registered, stating the complete registered address. Likewise, if it is for registering a trademark for a partnership concern, provide the ID, address and nationality proof documents of all the partners.
- One of the most important documents needed for trademark filing is the one containing the list of all the goods and services for trademark registration. In case of special services or intending to sell some specific goods, file trademarks for the same. In several cases, people who own the brand can file for a trademark under their name. For example, fashion designers can have their name trademarked as a brand. Such documents are known as trademark entity documents. Whether you are an individual, a small enterprise or even a start-up, you can get a trademark registered under your chosen brand name. Along with the entity document, you need to give a soft copy of the trademark also that you need to get registered. In case of trademark application in another country, submit the application form along with the documents required for trademark registration in India.
- Additionally, provide a certified priority document or original notified copy at the Trademark office within two months of filing the trademark application. If this certificate is in another language, submit it after translating it into English. Another document required for trademark registration is a utility document, i.e. a document supporting the first use of a trademark in India. This applies if you use a brand, product or service before the trademark is officially registered. In such a case, you must provide an affidavit for along with supporting documents. In the event that an agent purchases services for the trademark registration process, list the agent as a Power of Attorney. Submit the document stating the said person as a Power Attorney.
- According to the intellectual property laws of India, you do not have to register a trademark. Even if the applicant decides against registering a trademark, the right to file a legal case against an individual or company attempting to use your brand name without permission is allowed for applicants. Since the trademark registration process is much simpler than other intellectual features that require registration, such as patents, utility design and geographical indications, it is advisable to register the trademark by submitting the documents required for trademark registration.
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