Getting Trademark ,Patent for a company.

As per you query it is understood that you need information regarding the documents which are required for the trademark and patent registration.

The minimum documents and information which are required for filing a filing trademark application in India is as follows:

1)    The name, address and nationality of the Applicant. If the Applicant is a company, the country or state of incorporation with the complete address. If a partnership concern, then the name of all the partners;

2)    A list of goods and/or services for which registration is required;

3)    Trade Mark Entity: Whether the Applicant is an Individual, Start-up or a small enterprise;

4)    Soft copy of the trademark to be registered;

5)    If the application is filed claiming priority from an earlier filed application in another country, details of that application is also required at the time of filing of the application in India (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted with the Trade Marks Office in original within two months of the filing of the application. If the certificate is not in English, a certified/notarized English translation is required.

6)    USE : Date of first use of the trademark in India, if at all used or else the application can be filed on a proposed to be used In case the use of the trademark is claimed prior to the date of the application, an affidavit testifying to such use along with supporting documents required for trademark registration, shall have be filed along with the application. [The term ‘use’ in India has an extensive meaning and does not necessarily mean physical presence of the goods or services in India. Advertisement of the mark in foreign journals having circulation in India or the use of the mark in sales invoices, letterheads etc. bearing the trademark shall constitute ‘use’ of the mark in India.].

7)    Power of Attorney : A prescribed document simply signed by the authorized signatory of the Applicant with the name and designation clearly mentioned (no legalization/ notarization is required).

Documents required for Patent registration

1)    Application form for the grant of patent in India (Form 1

2)    Provisional or complete specification of Patent in duplicate and in case the provisional specification is filed; it must be followed by the complete specification within 12 months. (Form 2)

3)    Drawing in duplicate only if necessary.

4)    Abstract and relevant information of the invention made by the party in duplicate.

5)    Information and undertaking highlighting the number, filing date & current status of each foreign patent application in duplicate (Form 3).

6)    The Priority document is to be attached when directed by the Controller, if in case the priority date is claimed in convention application,

7)    Declaration of inventor-ship, if the provisional specification is followed by a complete specification or in case of convention/PCT national phase application (Form 5).

8)    Power of attorney, if filled a patent through Patent Agent

9)    Fees of the Patent registration to be paid in cash/cheque/demand draft

Hope it helps!

Regards,

Anusha Singh