Trademark Filing
Requirements for filing a trademark application
- The name, address and nationality of the applicant.
- If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.
- If the applicant is a company, the country or state of incorporation.
- A list of goods and/or services for which registration is required.
- 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. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.
In case of LOGO, SOUNDMARK, DESIGN:
- Soft copy of the trademark to be registered in case of a logo or soundmark
In case of Foreign language translations:
- If the mark contains or consists of non-English words, a translation of those words into English is required.
In case trademark is already being used by business:
- Date of first use of the trademark in India, if at all used
- If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.
Trademark Filing Process
Trademark filing is a relatively easier process as compared to other registrations. The document requirement is minimal. An application is filed with the registrar through an authorized attorney. Applicant needs to provide a Power of attorney for filling the application on his behalf
Trademark Search
Before filing a trademark application, its recommended that a trademark search be done to know all similar trademark applications filed within the same class. A trademark search can help reduce chances of the application being objected or opposed or refused.
Trademark Application Filing
Step 1 :- Provide the details as per format
Step 2 :- Sign the application form and power of attorney
Step 3 :- Application will be filed in 24 hours
Validity Of Trademark
It is valid for a limited period of time i.e. for 10 years. But it is renewable indefinitely. You have to pay the fee for trademark renewal every time.