What are the requirements to initiate a trademark application in India?
Everyone is aware of the vitality of the trademark registration for the company. The registration process requires a lot of documentation to get the registration done and which is also time-consuming. But you can use the ‘TM’ mark once you file the application for logo registration in India which can be done via online logo registration process usually takes more than 15 months. Once you are done with the registration process, you will be granted ® mark. This blog would provide you with a brief overview of the required documents you will have to furnish while submitting a trademark application.
The legal desideratum for trademark registration is given below;
– The chosen trademark is supposed to be flexible enough while illustrating it graphically (it has to be printed in the tangible medium such as on paper).
– It has to be idiosyncratic so that it can be distinguished from other goods and services available in the market.
– It is also required to be used or proposed to be utilized as a mark on concerning services and products and an individual who has the right to publish mark with or without being recognized.
Once you fulfil all the legal desideratum, you are required to submit three crucial things while applying for the trademark registration, that is given below;
– The power of attorney is to be signed by the person who is applying for an individual, and if it is a company, then it requires to be signed by the director of the enterprise who is authorized to do so. It is not requisite to be notarized or legalized.
– 20 (twenty) labels or prints are needed to be filed of the trademark, if it is a word then marks, or labels are not mandatory.
– The application form, which holds a high priority over anything.
The requirements for submitting the application form to circumvent any dubiety interfering in your way of the registration process.
Following details of the applicant are needed to be given;
– Details of the partner (if any).
– Minor partner (if any).
– When the trademark is of the company, then state/county of the incorporation requires to be mentioned.
– The goods and services concerning the trademark have to be stated in details.
– Soft copy of the trademark is also to be filed.
– Any non-English word’s translation is a must.
– The first date of usage of the trademark has to be mentioned if you have used it in India.
– The applicant’s signature on a power of attorney is not required to be legalized or notarized. But in the case of Indian clients, it is to be performed in Rs. 100 stamp paper along with the sign of the applicant. A power of attorney can be filed later as well.
Along with the documents mentioned above, here are the summarised documents related to trademark registration in India.
– Trademark application with user date which the applicant signs.
– Application stating detailed explanation of the goods and services for which the application is to be made (max. 500 words).
– A document explaining the first usage of trademark and by whom.
– Trademark to be represented in its specific size and format.
– Along with the goods and services, you will have to stick five copies of additional representation of the mark. Applicant’s details have to be mentioned as well.
– Particularly for colour mark, there has to be one application with B&W (black and white) portrayal of the mark and five with colour mark.
– Those applications that require 3-D marks must attach a 2-D depiction or a photograph with it.
– Specifically, for packaging trademark, there have to be minimal five different looks of the product required to be fixed.
– The translation is crucial; if it contains any non-English word, it is to be translated into English for better comprehension mandatorily.
– Applications that hold the priority, information concerning the date of the earlier application, and numbers of application and the state/county in which the earlier application was submitted have to be furnished.
– Another vital document which is to be filed is of a power of attorney, which carries the proprietor’s name and status. It is not required to notarize a power of attorney.