A trademark is a visual symbol that can be a word, name, number, label, color combination, etc. used by a business to distinguish its services or products from other same goods or services which are made in a different business. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999, and give the trademark owner, the power to sue for losses when infringements of trademarks happen. Registered trademarks are the intellectual property of a business, they are used to safeguard the company’s investment in the brand or symbol. Trademarks are necessary to get registered if it is unique for the products and services you give.

Documents needed for Trademark Registration

  • Proof of Applicant
  • PAN Card and Address Proof of Applicant
  • Certificate of registration (other than an Individual applicant)
  • Brand Name & Logo
  • User Affidavit
  • Proof of TM Use
  • MSME / Start-up Recognition
  • Signed Form TM – 48

Who can all apply for a Trademark?

In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered.

A trademark application can be made by:

  • Private firms
  • Individuals
  • Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
  • NGO’s

Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.

Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, the name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.