The primary document for trademark filing is Form TM-A. Supporting documents may include Form TM-48, identity and address proof, trademark representation, proof of prior use or a user affidavit, and authorization documents, where applicable. If required, you may also need a Udyam or DPIIT certificate and a Class 3 Digital Signature Certificate (DSC). Applicants such as companies, LLPs, and partnerships may also need their incorporation certificate, partnership deed, LLP agreement, or board resolution, depending on their business structure and filing requirements.
These documents help the Registry verify the applicant under the Trade Marks Act, 1999. The exact documents you need for trademark registration depend on your applicant type, whether you’re an individual, proprietorship, partnership firm, LLP, or company. Missing or incorrect documents can lead to objections, requests for clarification, or delays in processing the trademark application.
Key Takeaways
- Form TM-A is the primary application form. Supporting documents vary with the applicant and the mark.
- Proprietorships file in the proprietor’s name, using personal identity and address proof along with business proof where applicable. Companies and LLPs need their incorporation documents and an authorization document, such as a board resolution for a company.
- HUFs, trusts and societies apply through their authorized Karta, trustee or office bearer, rather than filing as individuals.
- Foreign applicants must give an address for service in India. Most appoint an authorized Indian agent or representative for this.
Core Information and Documents Commonly Required for Trademark Filing
The accurate list of documents required for trademark registration depends on the applicant, the type of trademark, and the filing circumstances. Common requirements include:
| Document | When it is required |
| Form TM-A | Required to file a trademark application |
| Form TM-48 | Required when a trademark agent or attorney files the application on your behalf |
| Identity and address proof | Identity proof: Aadhaar, PAN, passport, or driving license. Address proof: Aadhaar, passport, driving license, or a recent utility bill. |
| Trademark representation | Required to show the word mark, logo, or other mark you want to register |
| List of goods and services | Required to identify the classes in which you want protection |
| User affidavit and supporting documents | Required when you claim prior use of the trademark |
| Udyam or DPIIT certificate | Required only to claim the lower filing fee as a small enterprise or startup |
| Translation or transliteration | Under Rule 28 of the Trade Marks Rules, 2017, if the mark contains words or numbers in a script other than Hindi or English, provide their precise transliteration and translation in Hindi or English and identify the language. |
| Authorization or business documents | Required based on the applicant’s legal structure, such as an incorporation certificate or partnership deed |
| Class 3 DSC | Used by trademark agents or applicants who sign and submit applications electronically using a DSC. The applicable e-filing method determines whether a DSC is needed. |
Additional Documents You May Need for Registration
Individuals and business entities may need the following documents, depending on the case:
- Signed affidavit for usage claim: If you have already used the mark and want to claim prior use, submit a signed user affidavit with your application. Execute it on non-judicial stamp paper and have it notarized. The applicant signs it, or the authorized signatory for a company or LLP. Add supporting evidence, such as invoices or advertisements, that shows the use. Pick your first-use date with care. Amending it later is restricted, and moving it to an earlier date is generally not allowed. If you file the mark on a proposed-to-be-used basis, you do not need a prior-use affidavit or evidence.
- Board resolution authorizing trademark filing (for companies): A board resolution or other valid authorization may be required to show the filer’s authority. The resolution should state that the company authorizes the filing and name the person who signs for it.
Different business structures have their own document requirements, which the sections below cover in detail.
Documents Required for Trademark Registration for a Partnership Firm
A partnership firm applying for trademark registration must provide its firm details and the supporting documents required for the application. Along with the common documents, it may need:
- Names and details of all partners, and the guardian’s name if a partner is a minor
- Partnership deed
- Registration certificate or other proof of the firm’s legal status, where applicable
- Udyam/MSME certificate, if applicable
- Startup Recognition Certificate (DPIIT), if applicable
Documents Required for Trademark Registration for Company or LLP
Companies and LLPs must prove via separate documents that the entity exists and who can sign for it. Along with the common documents mentioned above, they need:
- Certificate of Incorporation (CoI) and the LLP agreement for an LLP.
- A board resolution or other valid company authorization for a company, or appropriate authorization from the partners or designated partners for an LLP.
- Power of Attorney (Form TM-48) if filing through a trademark agent.
- A logo or graphical representation, if applying to register a logo.
- Udyam/MSME certificate, if claiming the applicable reduced government filing fee as an eligible small enterprise.
- DPIIT Startup Recognition Certificate, if claiming the applicable reduced government filing fee as an eligible startup.
- Trademark owner details and a user affidavit with supporting evidence, if claiming prior use, where these are not already provided in the common application documents.
Documents Required for Trademark Registration for an Individual or Proprietorship
A proprietorship is not a separate legal entity, so the individual owner files in their own name. Along with the common documents above, the owner needs:
- Business proof, such as a GST registration certificate, if available.
- Udyam or DPIIT Startup Recognition Certificate, if claiming the applicable government fee concession.
- Details of the trademark owner, including their name and address.
- User affidavit and supporting evidence, if claiming prior use of the trademark.
What Documents are Needed to Register a Trademark for a Startup or Small Enterprise?
A startup or small enterprise files like any other applicant for its legal structure. The extra document is the certificate that proves its status for the lower fee. Along with the common documents above and those for your structure, you need:
- DPIIT Recognition Certificate for a recognised startup
- Udyam Registration Certificate for a small enterprise
Did You Know?
You can cut the government filing fee by 50%, from ₹9,000 to ₹4,500 per class (e-filing), if you apply as an individual, or as a startup or small enterprise with a DPIIT Recognition or Udyam Registration Certificate.
Trademark registration fees in India vary by applicant type, filing method, and class, so check the full breakdown before you file.
Documents Required for Trademark Registration for a Hindu Undivided Family (HUF)
A HUF applies through its Karta, the family’s managing member. The identity documents belong to the Karta, and the application names the HUF through the Karta. Along with the common documents above, a HUF needs:
- PAN card of the HUF
- PAN and Aadhaar of the Karta
Documents Required for Trademark Registration for a Trust or Society
Trusts and societies file through an authorized trustee or office bearer. The application must show both the entity’s registration and who can sign. Along with the common documents above, they need:
- Trust deed or society registration certificate
- Authorization letter or resolution naming the trustee or office bearer who files
- PAN and Aadhaar of the authorized signatory
Documents Required for Trademark Registration for a Foreign Applicant
Foreign individuals and companies can register a trademark in India. The Registry requires an Indian address for service, so most foreign applicants appoint a local agent. Along with the common documents above, they need:
- Certificate of Incorporation or an equivalent business registration document, for foreign companies
- Passport or equivalent identity proof, for foreign individuals
- Form TM-48, appointing an Indian trademark agent or attorney with a local address for service
Priority document, if claiming priority from an earlier application filed in a convention country, provide the relevant details and supporting document. The Indian application must generally be filed within six months of the earlier filing date. If the certified copy of the priority application is not submitted with the Indian application, it must be furnished within two months of the Indian filing date. If the document is in a foreign language, provide an English or Hindi translation as required by the Registry.
Documents Required for Trademark Registration for Special Types of Trademarks
Most applications need only the common documents above. Some kinds of marks need extra documents or a particular kind of representation.
- Collective marks: An association of persons can apply for a collective mark by filing Form TM-A with draft regulations under Rule 131 of the Trade Marks Rules, 2017. The regulations must specify the association’s objectives, members, authorized users, membership criteria, and conditions for using the mark. Form TM-M is used to request amendments to the regulations under the applicable rules.
- Sound marks: Under Rule 26(5) of the Trade Marks Rules, 2017, submit the sound recording in MP3 format, not exceeding 30 seconds, on a medium that allows clear playback. Include a graphical representation of the musical notation. Form TM-A must identify the application as a sound mark, with the musical notation provided in the mark representation field and the MP3 file attached.
- Certification marks: An applicant can apply for a certification mark by filing Form TM-A with draft regulations under Rule 137 of the Trade Marks Rules, 2017. The regulations must describe the applicant’s business, certification competence, financial arrangements, characteristics being certified, and monitoring procedures in India. Form TM-M is used to request amendments to the deposited regulations under the applicable rules.
- Shape marks: Clearly identify the mark as a three-dimensional (shape) trademark in the application. Under Rule 26(3) of the Trade Marks Rules, 2017, submit a two-dimensional graphic or photographic representation showing three different views of the mark. The Registrar may request up to five additional views and a written description if needed, followed by a specimen if the mark remains unclear. For the shape of goods or their packaging, Rule 26(4) requires at least five different views and a written description.
- Marks containing a person’s name or likeness: Obtain the person’s written consent where required. Under Section 14 of the Trade Marks Act, 1999, if the mark falsely suggests a connection with a living person, or a person who died within 20 years before the application date, the Registrar may require that person’s consent, or their legal representative’s.
- Government departments, statutory organizations, and associations of persons: Form TM-A includes these applicant categories. Provide the applicant’s correct legal name, address, and details of the authorized representative, along with supporting documents establishing the organization’s legal status and the representative’s authority, as applicable.
Tips and Common Mistakes for Trademark Documents
Before you submit your application, check your documents carefully. A missing or incorrect document can lead to trademark objections or delays. Here is what most often goes wrong, and how to avoid it.
- Using an outdated Class 2 DSC: The Controller of Certifying Authorities (CCA) stopped issuing Class 2 DSCs in January 2021. If you e-file and sign with a DSC, confirm that you hold a valid Class 3 DSC before you start the online application, not after.
- Skipping the trademark search: Check existing trademarks for similar names, logos, or marks in the relevant classes. Use our free trademark search tool before you submit the application. This helps you spot conflicts and lowers the risk of objections.
- Uploading a poor trademark representation: If you register a logo or device mark, provide a clear representation of the mark. Use the format and specifications the current IP India e-filing system accepts.
- Under-stamping Form TM-48: If you file through a trademark agent, stamp Form TM-48 as the applicable state stamp duty law requires. The duty can vary by state, so check the requirement before you file to avoid an objection or delay.
- Using a name that does not match your certificate: The applicant name on the application should match the name on your Udyam or DPIIT certificate. A mismatch can lead to a query about your fee concession.
- Claiming a use date your evidence does not support: If you claim prior use, your invoices or other proof should show use from the date you state. Choose a date you can back up.
Not sure which documents you need for your trademark application? Get your applicant type, filing basis, and document requirements checked before filing within minutes. Talk to a Trademark Expert today!
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