The following are the requirement to be incorporated in an application for registering a mark as trademark under Trademark Act,1999 of India :
Details of An Applicant
Individual Applicant – The name, address and nationality of the applicant.
Applicant Is A Partnership Firm – If the applicant is a partnership firm, the names of all the partners. It has to be also specified whether any minor is a partner.
An Applicant is A Company – If the applicant is a company, the country or state of incorporation.
Mark of Class or Goods
A mark towards the list of goods and/or services under which it is applied for registration as Trademark ( TM).
Soft Copy of Mark
The soft copy of the mark which is applied for registration has to be in the size of 8cm x 8cm .
In case , the mark contains or consists of non- English words, a translation of those words into English is a necessity .
Priority Claim Application
If an application is filed to claim priority over an earlier filed convention application, then details of such previously filed application is also to be submitted i.e application number, filing date, country and goods/services.
A certified priority document or its duly notarized copy is to be submitted alongwith such a priority application . Where, such a certificate is not in English, a certified translation in English is also must.
If such a certificate is not readily available, then only application can be filed on the basis of the application number, date and country of the application.
It must be noted that a copy of the priority document can be submitted within one month from the filing date of filing such an application.
Declaration Of Date of First Usage
The declaration of date of first usage of the mark in India is must if such mark is used prior to the date of filing the application .
Power of Attorney
A power of attorney has to be signed by the applicant. It is not required to be notarised .
If an application is filed by an attorney , on behalf of its clients , then a power of attorney needs to be executed in 100 Rs. stamp paper and has to be duly signed by the client applicant.
The power of attorney can be filed later on after making an application & without any additional cost.
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