Trademark Filing

In order to file a trademark application, only little information is required along with the captioned mark. A trademark application is accepted at all the Trademarks Registries of India only on the basis of information. The documents/evidences in the form of affidavit can be filed either at the time of filing the application, or during the examination process or at the time when the examination report gets issued. In most of the Trademarks Registry, an application is accepted without Power of Attorney whereas at some of the Registry it cannot be filed without Power of Attorney. In order to file a trademark application the applicant is required to submit Form TM-1 (3 copies) and Additional Representation (2 copies). The offices of Trademarks Registry are located at Mumbai (Head office), Kolkata, Chennai, Delhi and Ahmadabad. The trademark applications cannot be submitted at any other office other than the jurisdictions which has been specified for various states concerning the same.

Trademark Filing Basis

A trademark application can be filed by an individual, organisation, company or firm. When a trademark application is filed in the name of a proprietorship firm or a partnership firm than name of the proprietor or partners must be mentioned along with the name of the entity. However, an application in the name of Company doesn't require the name of Director's or promoter or founder. The government fee for filing one mark in one class is Rs 3,500. The application can be filed either by the applicant or by his authorised agent or attorney. In case if the application is filed by an attorney, than a Power of attorney (Authorisation letter) is required to be given in the name of the attorney. The Authorisation letter must contain the signature of the applicant which must be duly notarised in accordance with the law of applicant's state or country (in case of foreign applicant). The authorisation letter must be printed or typed on Indian Stamp Paper.

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