Filing A Trademark In India: Putting Together The Application Documents

• Published date: 11 August 2022
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Obhan & Associates
• Author: Obhan & Associates

Under Indian trademark law, any person claiming to be the proprietor of a trademark may apply to register the trademark. The trademark may either be in use or proposed to be used. Generally, the person who uses or controls both the use of the trademark and the nature and quality of the goods or services to which it is affixed, is considered the owner of the trademark.

When filing a trademark application in India, several documents and information are required to be submitted before the Trade Marks Registry. The primary form is Form TM-A, which may be filed with the Trade Marks Registry physically or online through the Intellectual Property India website (www.ipindiaonline.gov.in).

Details of the Applicant

The details of the Applicant to be submitted with Form TM-A include their name, address, and nationality. If the Applicant is a company, then the country or state of incorporation along with the complete address need to be mentioned, and if the application is filed by a partnership concern, then the name of all the partners along with the complete address of the company must be provided.

Description of goods and services

The trademark application must include a description of goods and services (based on the NICE Classification of goods and services) being offered under the trademark for which the registration is sought. This helps ascertain the relevant classes to include in the application.

Start-up or Small Entity

Trademark applications can be filed by an individual, a start-up, or a small enterprise. If the application is filed by a start-up or small enterprise, it must be accompanied by supporting certificates issued by the relevant Government authority. These include, for instance, a start-up certificate issued by the Department for Promotion of Industry and Internal Trade under the Start-up India Initiative, or a Micro, Small, Medium Enterprise (MSME) certificate, issued by the Ministry of MSME (Udyam/ Udyog Aadhar Registration). For more on this, please see here.

A foreign entity can also apply under the status of a small enterprise or a start-up by registering as an MSME under the MSME Development Act, 2006, if it is registered and incorporated in India under the Companies Act, 2013, and is engaged in the manufacture of goods and services as specified in the first schedule of the Act.

User details

A trademark application can be filed either claiming usage from a date prior to the date of filing the application, or on a "proposed to be used"...