Who Can Apply for Trademark Registration Online in India and Document Required?

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Aug 17
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In India, trademark registration is managed by the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM), under the Ministry of Commerce and Industry. Various entities can apply for trademark registration online to protect their brands and ensure that their logos, slogans, or product names are not legally used without their consent. Here’s who can apply:

Individuals/Sole Proprietors: Any individual who owns a business can file for a trademark as a sole proprietor.
Companies: A private limited company, public limited company, or partnership can apply for trademarks for products or services they own.
LLPs and Partnerships: Limited Liability Partnerships and traditional partnerships where the business entity is not individual.
Trusts and Societies: Organizations such as trusts, societies, or NGOs that wish to protect their brand name or logo.
Joint Owners: Two or more individuals or companies deciding to own a trademark jointly can apply for registration.
Foreign Entities: Companies or individuals based outside India can also apply for trademark registration in India if they intend to market their goods or services in India.

Documents Required for Trademark Registration Online in India

Contents

Documents Required for Trademark Registration Online in India
Conclusion

The documents required for trademark registration vary depending on the type of applicant:

For Individuals/Sole Proprietors

Identity Proof: A copy of the applicant’s PAN Card or Passport.
Address Proof: A copy of the Aadhaar Card, Voter ID, Passport, or any utility bill displaying the applicant’s name and address.
Trademark or Logo: A soft copy of the trademark.
Signed Form-48: Authorization to a Trademark Attorney for filing the trademark application on behalf of the applicant, if an agent is used.
Proof of Claim: If the trademark is already in use, a proof of claim (usage affidavit) along with supporting documents.

For Companies/LLPs

Company Incorporation Certificate: For companies and LLPs, a copy of the certificate of incorporation.
Identity Proof of Signatory: PAN Card of the signatory authority.
Trademark or Logo: A soft copy of the trademark.
Board Resolution: A copy of the board resolution passed by the board of directors granting authorization to file the trademark application.
Signed Form-48: Authorization to the Trademark Attorney, if applicable.
Proof of Claim: Similar to individuals, if already in use.

For Trusts/Societies

Registration Certificate: A copy of the registration certificate of the trust or society.
Identity Proof of Signatory: PAN Card of the signatory authority.
Address Proof of the Trust/Society: A utility bill or a bank statement reflecting the name and address.
Trademark or Logo: A soft copy of the trademark.
Authorization Letter: Document authorizing the individual to act on behalf of the trust or society.
Proof of Claim: If applicable.

For Joint Owners

Identity Proof: PAN Card or Passport of all the owners.
Address Proof: Aadhaar Card, Voter ID, Passport, or utility bill of all the owners.
Trademark or Logo: A soft copy of the trademark.
Signed Form-48: Authorization to a Trademark Attorney, if an agent is used.
Joint Ownership Agreement: A document specifying the rights of each owner concerning the trademark.
Proof of Claim: If already in use.

For Foreign Entities

Certificate of Incorporation or Registration Document: Reflecting the formation of the entity.
Identity Proof of Signatory: Passport of the authorized signatory.
Trademark or Logo: A soft copy of the trademark.
Power of Attorney: Signed by the authorized representative of the company.
Proof of Priority: If the applicant wants to claim priority from an earlier filed application in another country.

Conclusion

Filing for trademark registration online in India is accessible to a wide range of applicants, from individual entrepreneurs to large corporations, both domestic and foreign. Having the correct documents ready will streamline the application process, making it more efficient and less prone to delays or rejections.