Trademark registration is a legal procedure through which a brand can be preserved and protected from unwanted use and abuse.  Trademark registration process in India has been clarified by the Government and businesses and individuals can now easily obtain trademark registration for their brands within a few months.

A. Individuals & Sole Proprietorship

Indian National or Foreign National can simply register a trademark in India. There is no necessity for forming a legal entity or business entity to register a trademark. Following, documents are required to register a trademark in the name of a proprietorship are the same as that of an individual as under:

• In case the logo is not furnished, the trademark application can be filed for the word.
• Signed Form-48. Form-48 is authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
• Identity Proof of the individual or Proprietor.
• Address Proof of the individual or Proprietor.

B. Partnership / LLP / Company – Small Enterprise or Startup

The trademark registration fee is between Rs.4500 to Rs.9500. For small enterprises, startups, proprietorships and individuals, the trademark fee of Rs.4500 is applicable. For other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required.

i. Partnership / LLP / Company

 Partnership firm or LLP, the entrepreneur would have to accede   the following:

• Copy of Logo (Optional)
• Signed Form-48.
• Udyog Aadhar Registration Certificate.
• Incorporation Certificate or Partnership Deed.
• Identity Proof of Signatory.
• Address Proof of Signatory.

ii. Other Applicants

All other applicants, including companies that do not have Udyog Aadhar registration will have to submit the following documents to obtain trademark registration in India.

• Copy of Logo (Optional)
• Signed Form-48.
• Incorporation Certificate or Partnership Deed.
• Identity Proof of Signatory.
• Address Proof of Signatory.

Note: There is no requirement for submitting original documents. Scan copy of the original document would suffice the requirement during the trademark application process