Filing Requirements

Note: According to the trademark law, when a trademark consists of several matters, its registration shall confer upon the proprietor an exclusive right to the use of the trademark taken as a whole. Further, the law states that registration of a mark shall not confer any exclusive right in the matter forming only a part of the whole of the registered mark. Hence, if any part or a word in a graphic mark is to be protected by way of registration, registration of each such part or word is necessary.

Trademark/Service Mark Applications

Note: All documents should be in English, or a certified/notarized English translation is required.

1. A simply signed Power of Attorney; the original can be filed after filing the application.

2. Name(s), nationality and address of the applicant(s).

3. A list of the goods/services and the corresponding class(es), as per Nice Classification containing 45 classes.

4. The following additional details are needed in respect of trademarks to be registered:

• In case of word marks or graphic marks containing words that are not in English, name of the language and an English translation and transliteration of the word(s);

• In case of graphics (2D or 3D), a brief explanation of the mark and a clear electronic copy of the mark;

• In case of three dimensional (3D) mark, two dimensional graphic or photographic reproduction of three different views of the mark;

• In case of marks consisting of the shape of goods or its packaging, at least five different views of the trademark and a description by word of the mark;

• If a mark is to be registered wholly or in part to any combination of colors, a clear electronic copy of the mark, (if a mark is registered in black and white, it shall be deemed to be registered for all colors).

5. A certified priority document or a copy of it duly notarized, if priority is to be claimed. If the certificate is not in English, a certified/notarized English translation is 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 two months from the filing date of the application.

6. If used, from which date (day, month and year) the mark is being used in India. If not used in India, mention ‘proposed to use’. If the mark is used only in respect of a few of the goods/services listed, date (day, month and year) since when the mark is used in India and items of goods/services in respect of which the mark has actually been used. Such use could be by the applicant(s), predecessor or assignor, etc.
 
Renewal of Trademark/Service Mark Registrations

1. A simply signed Power of Attorney. Original can be filed after filing the renewal.

2. The trademark registration number and the mark registered.
 

Assignment Applications

1. A simply signed Power of Attorney.

2. Trademark application/registration number and the mark proposed to be registered/ registered.

3. A notarized copy of the assignment deed signed by the assignor and the assignee.

4. A Notarized affidavit from the Assignor.

5. Whether the assignment is with or without the goodwill of the business. If it is without the goodwill of the business, it has to be registered with the Trademarks Registry within six months from the assignment deed.


Change of Name Applications

1. A simply signed Power of Attorney in the new name and/address.

2. A notarized copy of the change of name certificate issued by the competent authority.

Change of Address Applications

1. A simply signed Power of Attorney with the new address.

2. A certified change of address document mentioning the effective date.