Criteria for getting a Trademark Registration in India


Trademark registration is an imp mechanism through which a brand may be protected from unwanted use and infringement.  Trademark registration method in India has been simplified by means of the Government and Entrepreneurs can now effortlessly attain trademark registration for his or her brands within some months.

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. The documents required to register a trademark in the name of a proprietorship 

  1. Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
  2. Signed Form-48. Form-48 is an authorization from the applicant to a Trademark Attorney.
  3. Identity Proof of the individual or Proprietor.
  4. Address Proof of the individual or Proprietor.

The Government fees for trademark registration is Rs.4500 for individuals and companies having Udyog Aadhar and Rs.9000 for any other applicants. To be labeled as a small business enterprise, the applicant will have to provide Udyog Aadhar registration certificate at the time of filing the application. Further, in addition to the Udyog Aadhar registration, the subsequent information could be required.

In case of a partnership firm or LLP, the entrepreneur would have to submit the following:

  1. Copy of Logo (Optional)
  2. Signed Form-48.
  3. Udyog Aadhar Registration Certificate.
  4. Incorporation Certificate or Partnership Deed.
  5. Identity Proof of Signatory.
  6. Address Proof of Signatory

 

All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.

  1. Copy of Logo (Optional)
  2. Signed Form-48.
  3. Incorporation Certificate or Partnership Deed.
  4. Identity Proof of Signatory.
  5. Address Proof of Signatory.

 

Note: During the trademark application process, there is no requirement for submitting original documents. Scan copy of the original document would suffice the requirement.

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