What Information Is Required for a Trademark Application in India?

 

A Comprehensive Guide for Startups, Companies & Legal Professionals

By Diksha Modi

Trademark registration is not just a legal step—it’s a strategic move that strengthens your brand identity and protects your commercial reputation. But many applicants get rejected due to missing documents or incorrect classification.

This guide breaks down everything you need to file a trademark application in India—whether you're an individual entrepreneur, a private company, or a certifying body.

 1. Trademark Search & Classification

a) Pre-Filing Search:
Use IP India’s trademark public search tool to check for identical or similar marks in your class. Avoid duplication and reduce the risk of objections.

b) Class Selection:
India follows the Nice Classification system (Classes 1–45):

• 1–34: Goods

• 35–45: Services

Choosing the correct class is crucial to ensure your protection aligns with your offerings.

 2. Applicant Identity & Structure

Information varies depending on the entity:

Individuals

• Full name, nationality, and address

• Aadhaar and PAN

• Contact details

Proprietorships

• GST certificate

• PAN & Aadhaar of owner

• Business address proof

Companies / LLPs / Partnerships

• Certificate of Incorporation / Partnership Deed

• PAN, MSME/Udyam Certificate (for fee concession)

• Class III DSC for online filing

Trusts / NGOs / Foreign Applicants

• Trust Deed / NGO Registration

• Authorized signatory’s PAN

• Indian address for service (if abroad)

 3. Trademark Representation

• Word mark: Just the text

• Device mark (logo): High-resolution JPEG or PNG (preferably black & white)

• Vienna Classification: Mandatory if figurative elements are present

 4. Goods/Services Description

Use standard terms and clearly describe the scope under each class. Avoid vague terms—be specific to avoid later conflicts.

 5. Basis of Filing & First Use Date

• Intent to Use or Already in Use

• If already used, submit a User Affidavit with the earliest use date

 6. Legal Forms & Authorizations

• Form TM-A (main application form)

• Form 48 (Power of Attorney) – Needed if filing via an agent. Stamp duty ₹100

 7. Digital Signature Certificate (DSC)

Required for online filing. Only Class III DSCs are valid per the IT Act, 2000.

 8. Fees & Concessions

Entity Type	Fee (Per Class)
Individuals / Startups / MSMEs	₹4,500
Others	₹9,000–₹9,500

Get 50% concession by submitting MSME/Udyam certificate

 9. Supporting Documents Checklist

• GST Certificate (proof of business)

• PAN / Aadhaar (identity)

• Deed of Partnership or Incorporation Certificate

• Trust Deed (for NGOs/trusts)

 10. Collective Trademark Requirements

Used by associations or groups, e.g., ICAI's "CA" mark.

Key Legal Basis:

• Section 2(1)(g), Sections 61–68 of the Trade Marks Act, 1999

• Rule 130 of Trade Mark Rules, 2017

Additional Documentation:

• Regulations of Use: Objectives, membership conditions, authorized users, dispute redressal

• Association's Constitution

• List of eligible members

 11. Certification Trademark Requirements

Marks like ISI or Wool mark certify quality, origin, or process—used by others but registered to a neutral body.

Legal Basis:

• Sections 2(1)(e), 70–78 of the Trade Marks Act, 1999

Required Documents:

• Form TM-A (with declaration as certification mark)

• Visual of the mark

• Certifying body’s details

• Public interest declaration

• Detailed Regulations Governing Use (standards, authorizations, procedures, testing, dispute resolution)

 Conclusion

Filing a trademark application in India is not just about filling a form—it’s about accurate classification, solid documentation, and legal compliance.

A well-prepared application avoids delays, objections, and rejections. Consult legal professionals for:

• Opposition responses

• Multi-class filings

• Certification/collective mark guidance

 Protect your brand with confidence—and let your trademark do the talking.