• Nayan Chauhan
• 30-07-2024

Documents Required for Trademark Registration in Delhi

Documents Required for Trademark Registration in Delhi

Registering a trademark in Delhi is essential to protect your brand, business, or idea from unauthorized use. It helps establish your brand identity and provides legal protection. Knowing the documents required for Trademark Registration can make the process much easier and smoother. This blog will  guide you through the documents required  for trademark registration in Delhi, as per the Government of India's guidelines.

Types of Entities for Trademark Registration

Before we get into the documents, it is important to understand the different sectors in which a company can be registered. Each sector has its own documentation requirements for trademark registration. The entities include:

Individual or Sole Proprietorship

Partnership Firm

Limited Liability Partnership (LLP)

Private Limited Company

Public Limited Company

Trust or Society

Types of Trademark Registration Categories

Understanding the different types of trademarks you can register is crucial for choosing the right one for your business. Here are the main categories:

Product Marks: Used to identify the source of a product, distinguishing it from others.

Service Marks: Used to identify and distinguish the source of a service rather than a product.

Collective Marks: Used by a group or association to distinguish their goods or services from others, indicating they meet certain standards set by the association.

Certification Marks: Used to certify that goods or services meet a specific standard set by an authorized body.

Shape Marks: Protect the shape of a product or its packaging, helping to distinguish products based on their shape.

Sound Marks: Consist of a sound or a combination of sounds that uniquely identify the source of goods or services.

General Documents Required for All Entities

Trademark Application Form

The main document you need is the trademark application form, Form TM-A. This form can be filed online through the official IP India website or offline at the Trademark Registry Office in Delhi.

Applicant Details

Provide detailed information about the applicant, including:

Name of the applicant (individual, partnership, company, etc.)

Nationality

Address of the applicant

The legal entity of the applicant (e.g., individual, partnership firm, company, LLP, etc.)

Trademark Details

You will need to provide information about the trademark itself:

Representation of the trademark (word, logo, symbol, etc.)

A clear image of the trademark (if it is a logo or symbol)

Description of the goods or services the trademark will cover (as per the NICE Classification)

Power of Attorney

If you are filing the application through a trademark agent or attorney, provide a Power of Attorney (Form TM-48). This document authorizes the agent to act on your behalf during the trademark registration process.

Proof of Business

To prove the legitimacy of your business, submit proof of business documents such as:

Individual or Sole Proprietorship: GST registration certificate, MSME registration certificate

Partnership Firm: Partnership deed, GST registration certificate

LLP: Certificate of incorporation, LLP agreement, GST registration certificate

Private or Public Limited Company: Certificate of incorporation, Memorandum of Association (MOA), Articles of Association (AOA), GST registration certificate

Trust or Society: Trust deed, registration certificate

User Affidavit

If you claim prior use of the trademark, submit a user affidavit. This affidavit should include details such as the date of first use, the nature of use, and supporting evidence like invoices, advertisements, and packaging materials.

Digital Signature Certificate (DSC)

For online filing, a Digital Signature Certificate (DSC) is required. This certificate ensures the authenticity of the online application and is issued by a licensed Certifying Authority.

Address Proof

Address proof of the applicant is necessary for correspondence. Acceptable documents include:

Passport

Voter ID card

Aadhar card

Utility bills (electricity, water, gas) not older than 2 to 3 months

Identity Proof

Identity proof of the applicant is also required. This can be:

Passport

Voter ID card

Aadhar card

Driving license

Trademark Search Report

While not mandatory, conducting a trademark search before filing is highly recommended. It helps in identifying any existing trademarks that might conflict with yours. A search report can be obtained from the official IP India website or through a trademark attorney.

Government Fees

There are government fees associated with trademark registration. The fees vary depending on the type of applicant:

Individual, Startup, or Small Enterprise: INR 4500 per class

Other Entities: INR 9000 per class

Important Tips

Ensure all information and documents are accurate and complete to avoid delays or rejections.

Consider hiring a trademark attorney or agent to help with the process.

Keep copies of all submitted documents for your records.

Regularly track the status of your application through the IP India website.

Conclusion

Trademark registration in Delhi involves several steps and requires specific documents to ensure a smooth and successful process. By preparing the necessary documents in advance and understanding the requirements, you can effectively protect your brand. For detailed information and updates, refer to the official website of the Office of the Controller General of Patents, Designs & Trade Marks, India.

By following these guidelines, you can confidently navigate the trademark registration process and secure your brand's identity in the competitive market.

For more detailed and up-to-date information, you can visit the Government of India's IP India website at http://www.ipindia.nic.in.