Trade Mark Registration

Procedure for Trade Mark Registration
1. For Companies

  1. Copy of the company’s certificate of Incorporation
  2. Company name and address
  3. Signature by company’s director.
  4. Full name, Address, Nationality, and nature of the business of the member.
  5. Power of attorney signed by the director or legal representative of the company (please note that the power of attorney need not be legalized or notarized.

 

2. For Individual

  1. Copy of the passport of the applicant and mailing address of the applicant
  2. Signature by the applicant
  3. Full Name, Address, Nationality and nature of the business of the applicant
  4. Power of attorney signed by the applicant

 

3. For Partnership firms

  1. Name of all partners also mentions whether any partner is a minor.
  2. Copy of the certificate of partnership firms /partnership deed.
  3. Signature by one of the partner
  4. Complete name and address of the partners of the applicant firm.

 

4. For Society

  1. Copy of certificate of incorporation.
  2. Complete Name, Address and Nationality of the members of the society.
  3. Signature by the president.

 

5. Common Documents

  1. A list of goods and/or services for which registration is required
  2. Soft copy of the trademark to be registered.
  3. Date of first use of the trademark in India, if at all used
  4. Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in Rs.100/- stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost
  5. Print and digital version of proposed trade mark (6 originals in print size between 5cm*5cm and 10cm*10cm)
  6. category of the proposed trade mark
  7. 20 (Twenty) prints or label. For words marks/ labels are not required.
  8. Name of the Trademark/Service Mark to be registered
  9. List of goods/services and classes or services according to the International classification.
  10. Translation of the Non-English word appearing on the mark.
  11. Exact meaning of the mark, if any in the foreign language other than the English language.
  12. Priority under the Paris convention can now be claimed in India. Details of Convention priority, if any first filed country, filing number and date.
  13. Application to be filled in form TM-1(given below) and to be filled in triplicate.

 

ADDITIONAL POINTS:

  1. Demand draft will be drawn in the favor of The Registrar of Trade Mark New Delhi.
  2. Separate registration required for each enquiry
  3. Approx time to be taken in registration shall be 1-11/2 years.
  4. If enquiry is taken out by the agent registration for enquiry also will be in the name of agent
  5. Record of search is not required, but if wanted can be attached
  6. Class will be separate for each separate activity, depending upon nature, for us it will be class 35/38.

FORM TM- 1

THE TRADE MARKS ACT, 1999

Agents code No:

Proprietor s code No:

Fee: Rs.2500/

Application for registration of a trade mark for goods or services (other than a collective mark or a certification trade m ark) in the register section 1 8(1)25(2).

(To be filed in triplicate accompanied by five additional representations of the trade mark)

One representation to be fixed within this space and five others to be sent separately

Representation of a larger size may be folded but must then be mounted upon linen or other suitable material and affixed hereto. (see rule 28)

Application is hereby made for registration in the register of the accompanying, trade mark in class………………….in respect of ………………..in the name(s) of ……………..whose address is ………..who claim(s) to be the proprietor(s) thereof (and by whom the said mark is proposed to be used or (and by whom and his (their ) predecessor(s) in title the said mark has been continuously used since ……….] in respect of the said goods or services………………………………………………….

All communications relating to this application may be sent to the following address
in India:-

Dated this………………….day of……………………….20

Signature

Name of Signatory In letters

POWER OF ATTORNEY

Trade & Merchandise Marks Act, 1959

(Authorization of Agent)

TO,

THE REGISTRAR OF TRADEMARKS REGISTRY

TRADE MARK REGISTRY

NEW DELHI

IN THE MATTER OF REGISTRATION OF TRADE MARK

I/ We, ………………………………, Designation ……………………………. of………………..

………………….Address at, ……………….. Nationality………………………..

(Authorize)

Company Name and Address

To act as our agents for registrations, renewals, oppositions rectification and proceeding under the Trade Mark Act 19999 in respects of our Trade Marks.

We request that all notices, requisitions and all communications may be sent to the Agent at the above address.

We here by revoke all previous authorizations, if any.

We rectify all acts done by the said agents/advocate

Signature

(Stamp and Signature of the Person of the applicant with full name)

(Signature)

Accepted

Company Name

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