The trademark can be registered under the trademark protection Act 1999. A trademark once issued is valid for the time period of 10 years and after that, a renewal can be sought.Any person who intends to protect his trademark can obtain a trademark registration by filing an application along with certain documents and specified forms.
Documents required for Trademark Registration
Following documents are required to obtain a trademark registration-
1. The name, address and nationality of the applicant. In case the applicant is a partnership firm, the names of all the partners. In addition to this, mention whether any minor is a partner.
2. If the applicant is a company, the country or state of incorporation.
3. A list of goods and/or services for which registration is required.
4. A soft copy of the trademark to be registered.
5. If the mark contains or consists of non-English words, a translation of those words into English is required.
6. Date of first use of the trademark in India, if at all used
7. Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant.
Forms Required
In addition to the documents submitted an applicant is required to file the specified form. The various forms which are required to be filed in distinct cases are specified below-
1. TM-A- To make application for the registration of the trademark or collective marks for specification of goods and services included in one or more class.
2.TM-O- On the notice of opposition/counter statement/rectification.
3. TM-R- For renewal of registration of a trademark.
4. TM-P- On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark.
5. TM-C-Request for search and issue of the certificate under rule 22(1).
6. TM-M-On application for Extension of time, or Certified copy, or Duplicate Registration Certificate, or inspection of the document or Particulars of advertisement to the registrar, or seeking grounds of decision of Registrar, or Enter in the register and advertise a note or certificate of validity.
7. TM-G-On application for registration of a person as a trademark agent under rule 147 & 149.
