#Trademark #Process #Documents #Guidelines #Registrations
Registration enables the registered proprietor to sue for infringement of registered Trademark irrespective of the fact whether it is used or not.
Registration confers the monopolistic rights to the proprietor over the use of the mark. After by passing the general procedures, if no objections or oppositions for the Trademark registration Application is issued then Trademark Registration Certificate will be prepared and sent to the Trademark Owner.
Once the Trademark Registration Certificate is issued, the Trademark will be deemed to be Registered Trademark of the proprietor which in consequence grants the trademark owner exclusive use of the mark. The “®” symbol can now be placed next to the logo or trademark indicating the Registration of the Mark
Pre-requisite Document for registration.
- The name, address, and nationality of the applicant. Any identity proofs like Passport, Aadhaar card, Voter ID cards containing the name, address and The nationality of the Trademark owner or Individual authorized to use the Trademark will suffice. However, If the applicant is a partnership firm, the names of all the partners. In case if any minor is a partner then his details must be exclusively mentioned.
- If the applicant is a company, then document containing particulars of the country or state of incorporation.
- A document as to the list of goods and/or services for which registration is required.
- Soft copy of the trademark (logo/ name/ device etc.) that shout to be registered.
- If the mark contains or consists of words other than English, then a translation of those words into English is required.
- If the application is to claim priority from an earlier filed application, a detail of that application is required particularly containing application number, filing date, country and goods/services.
- A certified priority document or its duly notarized copy is to be submitted. If the certificate is in other languages than English, then a certified/ notarized English translation is also required. If it is not available, then the application can be filed based on the basic application number, date of the application and country of the application but A copy of the priority document must be submitted within 1 month from the filing date of the application.
- A document confirming the date of first use of the trademark in India, if it used.
- A signed copy of Power of attorney by the applicant is required. However, in this regard, no legalization or notarization is required. For Indian citizens, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant.