Learn the documents required for trademark registration including ID and address proof, Udyog Aadhaar, PAN, logo, Form-48, and Partnership deed.
When registering a trademark in India, submitting the correct documents required for trademark registration is essential for a smooth and successful application process. The trademark application requires filling out Form TM-A, along with supporting documents that verify your identity and business use. Proof of identity, such as an Aadhaar or passport, and proof of business, like a PAN card, are typically required. You will also need to provide a logo/image representation, if applicable, along with details about the class of goods or services associated with the trademark. These documents play a crucial role in securing your trademark and ensuring legal protection for your brand.
In this post, we will walk you through the essential documents needed and the steps to ensure a seamless trademark registration process.
Individuals & Sole Proprietorship
Individuals (both Indian and foreign nationals) and sole proprietors or proprietorship firms must submit specific documents for trademark registration. The required documents include:
- Logo or Trademark Copy (Optional): If you are registering a logo, it must be in JPEG or PNG format, in either color or black and white, and should be sized 8 cm × 8 cm. If you don’t have a logo, you can register a wordmark instead.
- Applicant’s Identity Proof – PAN Card, Aadhar Card, or Passport.
- Address Proof – Utility bill, driving license, or voter ID with a matching address.
- Business Name (if any) – If operating under a business name, submit the name proof like MSME or Udyam registration (optional but recommended).
- Signed Power of Attorney (Form TM-48) – Authorizes the trademark agent or attorney to file the application.
- Trademark Details – The wordmark/logo, class of goods/services, and description.
Partnership / LLP / Company – Large Enterprises
For partnerships, LLPs, and companies (including large enterprises), the documentation requirements for trademark registration differ slightly due to the legal structure and business entity involved. Here is a list of the same:
- Incorporation Certificate / Partnership Deed / LLP Agreement – As applicable.
- PAN Card of the Business Entity.
- Address Proof of the Business – Utility bill, lease agreement, or property tax receipt.
- Udyam or MSME Certificate – Not applicable; large enterprises are not eligible for fee concession.
- Board Resolution / Authorization Letter – Authorizing a specific person to file on behalf of the company.
- Signed Power of Attorney (Form TM-48).
- Trademark Details – Wordmark/logo, class, and description
- Proof of Use: Provide evidence that the trademark is actively used in business
- Priority Document (if applicable): Submit a priority document to establish precedence in case of disputes
- Government Fees: Pay the required government fees for the registration process.
Partnership / LLP / Company – Small Enterprise or Startup
- All documents mentioned above for large enterprises, plus:
- Udyam/MSME/Startup India Certificate – To avail reduced government fees.
- Declaration of Entity Status – A self-declaration stating the business is a startup or small enterprise.
Other Applicants (Trusts, Societies, Statutory Bodies)
- Registration Certificate or Governing Document – Trust deed, society registration certificate, or statutory charter.
- PAN Card of the Entity.
- Address Proof of the registered office.
- Authorization Letter – Authorizing a representative to act on behalf of the entity.
- Signed Power of Attorney (Form TM-48).
- Trademark Information – Wordmark/logo and relevant class details.
Common Documents Required for Trademark Registration for All Types of Businesses
Regardless of the type of applicant—individual, startup, company, or organisation—certain documents are universally required during the trademark registration process. These documents ensure legal compliance and help establish a clear claim over the trademark.
1. Power of Attorney of an Agent
Form TM-48 must be signed by the applicant to authorize a trademark attorney or agent to file and represent the application on their behalf. This form should be duly stamped and signed.
2. Graphical Representation of Trademark
A clear image or representation of the trademark (logo, wordmark, or combination) must be provided. It should accurately depict the mark as it is used or intended to be used in business.
3. Affidavit of the User
If the trademark is already in use before filing the application, an affidavit declaring the date of first use must be submitted. This document helps establish prior usage and can be crucial during objections or oppositions.
Steps to Submitting Documents for Trademark Registration
Submitting the correct documents is a critical step in securing your trademark. Follow these simple steps to ensure a smooth and efficient registration process:
- Step 1: Identify the Applicant Type
Determine whether the trademark is being filed by an individual, partnership, company, startup, or organization, as this will decide the specific document requirements. - Step 2: Gather the Necessary Documents
Collect identity proofs, business registration certificates, MSME/Startup certifications (if applicable), and common documents like Power of Attorney, trademark image, and user affidavit. - Step 3: Draft and Sign Form TM-48
Fill out and sign the Power of Attorney (Form TM-48) authorizing your trademark agent or attorney to act on your behalf. - Step 4: Prepare the Trademark Application
Include details like the applicant’s information, trademark image or wordmark, class of goods/services, and date of first use (if applicable). - Step 5: Submit the Application Online
File the application on the official IP India website (https://ipindia.gov.in) through the Comprehensive e-Filing Services portal. - Step 6: Upload Supporting Documents
Scan and upload all supporting documents in the required format and size. Ensure they are legible and complete. - Step 7: Pay the Application Fee
Complete the process by paying the prescribed government fees, which may vary depending on the applicant’s entity type and class count. - Step 8: Receive Acknowledgment & Application Number
Once submitted successfully, you’ll receive an acknowledgment receipt and trademark application number for tracking the status.
Conclusion
In conclusion, ensuring that you have the correct documents required for trademark registration is crucial to securing your brand’s protection. By providing the necessary proof of identity, proof of business, and the relevant logo/image representation, you can avoid unnecessary delays in the registration process.
Whether filing online or offline, these documents will support your trademark application and help you meet the requirements set by the Trademark Office. Following the correct procedure ensures a smooth registration experience and grants you legal protection for your trademark, safeguarding your intellectual property rights.
FAQ
What documents are required for trademark registration?
Documents required include address and ID proof of the individual or proprietor, Udyog Aadhar Registration Certificate, a logo copy (optional), signed Form-48, partnership or incorporation deed, signatory proof (for partnership/LLP), and PAN & passport.
Is GST number required for trademark?
No, a GST certificate is not mandatory for all trademark applications. However, it is needed if you're claiming reduced filing fees as a start-up or small enterprise.
What is the process of registering a trademark in India?
The process involves filing the trademark application, examination by the Registrar, publication for advertisement, addressing opposition or objections, trademark registration, and renewal every 10 years.
How to file Form TM-A?
Form TM-A must be filled and signed by the applicant (trademark owner) and submitted either physically or online via the IP India website. For companies, the authorised signatory or director should sign the form.
What address proof is required for trademark registration?
The registered office’s address proof must be submitted. Documents like a rent agreement, utility bill, or government-issued letter can serve as proof. Additionally, evidence of the trademark’s publication in the Trademark Journal is required.
What documents are required for trademark by an individual or sole proprietor?
An individual or sole proprietor must provide a logo copy (optional), signed Form-48 authorizing a trademark attorney, identity proof, and address proof. There is no need for a legal or business entity to register a trademark.
What documents are required for trademark by a partnership, LLP?
A partnership firm or LLP must submit a logo copy (optional), signed Form-48, Udyog Aadhar Registration Certificate, incorporation certificate or partnership deed, and identity and address proof of the signatory.
Is an Aadhaar card required for trademark registration?
An Aadhaar card is not mandatory for trademark registration but can be used as a valid identity proof. Other acceptable IDs include a PAN card, driving license, or passport, depending on the applicant type (individual, sole proprietorship, etc.
Is MSME registration mandatory for trademark registration?
No, MSME registration (Udyam Aadhaar) is not mandatory for trademark registration. While it can offer benefits like fee discounts or smoother processing, it is not a requirement for registration.
