Brands need to be protected from unauthorized use and infringement by trademark registration. Recently, the Indian government simplified the process of trademark registration. Brands can be registered as trademarks within months. The article below describes the documents necessary for trademark registration in India.
The original documents need not be submitted during the trademark application process. A scan of the original documents will be sufficient.
Individuals & Sole Proprietors
Individuals of any nationality – Indian or foreign – are able to register trademarks in India. Legal entities or business entities are not necessary for trademark registration. In order for a proprietorship to register a trademark, the following documents are also required:
- (Optional) A copy of the logo in black and white. In the absence of a logo, trademark applications may be filed for the word.
- Use the Form-48. An application for trademark Form-48 authorizes a Trademark Attorney to file on behalf of the applicant.
- An identification document showing the identity of the proprietor or individual.
- Document proving the proprietor or individual’s residence.
SMB or Startup – Partnership, LLP, or Company
The trademark registration fee is between Rs.4500 and Rs.9500. The trademark fee for small businesses, startups, and individuals is Rs.4500. A trademark government fee of Rs. 9500 is applicable to all other entities. As a condition of being classified as a small business, an applicant must submit the Udyog Aadhar registration certificate. Further, the following details will be needed in addition to the Udyog Aadhar registration.
A partnership, LLP, or a company
If the entrepreneur sets up a partnership or LLP, he or she will have to submit the following documentation:
- a copy of the company logo (optional)
- completed Form-48.
- The certificate of Udyog Aadhar registration.
- Partnership Deed or Articles of Incorporation.
- Identification Proof of Signatory.
- Evidence of Address.
Applications from other applicants
Companies without an Udyog Aadhar registration need to provide the following documentation.
- A logo may also be submitted.
- Signed Form 48.
- Partnership or corporation certificate.
- Document proving the address of the signatory.