In the event of trademark applications being filed in any other country, the applications should provide a certified copy of the documents required for trademark registration. The applicant has to submit proper documents to successfully register a trademark. To keep a trademark, the Statement of Use and Renewal Application should be filed in a timely manner.
There is no need to file the original documents in the trademark application process, a scan copy of the original documents will satisfy the requirements. The applicant should submit all documents listing goods and services proposed for trademark with a drafted application.
The applicant should include requested information, such as the applicant’s details, a trademark description, the list of goods and services sought registration, and a proposed date of use of the trademark. The applicant should submit the Aadhar Udyog Registration Certificate for classification as a small business.
Applicants who do not have a Udyog Aadhar registration would be required to submit the following documents in order to avail the trademark registration. Apart from documents specifying trademarked entities, proof of identity, some declarations, and status documents (partnership deed/company registration certificate, etc) are required for filing a trademark registration application. While applying for a trademark registration, you will have to submit documents according to the category of the applicant that you are in.
Such documents are relevant if you used a Trademark prior to formal trademark certification. Trademark Certification, in which the holder certifies goods and services as being material, manufacturing method, source, and quality.
According to the Trademark Act, there are four types of registration grounds depending on the requirements and services provided by a mark. The filing basis is the statutory or statutory basis on which the trademark filing is made to the U.S. for federal registration. A foreign trademark registration or application basis allows a foreign trademark registration or application to be used as a basis for registration of a mark in the United States.
Any person who claims ownership of a mark he has used or plans to use, may file an application to register trademark. Trademark registration requires each and every Good and Service listed be available to consumers and used, so if even a single Good is not sold yet, an applicant would need to file a “intent to use” registration. If filing an application for Intent to Use, all it requires is a statement of good faith that you intend to use the mark in commerce.
For applications based upon actual use, applicants must specify which products they have actually placed the mark on and sold in commerce. In applications based on actual use, a drawing must depict the mark as actually used (i.e., as shown in a sample). Because all goods and services bearing a trademark are required to be sold to consumers when registered, the U.S. Patent & Trademark Office requires that applicants sign legal documents that indicate that they are all used.
If the applicant is a partnership, all partners names are required, but if they are a limited liability partnership (LLP), then an application to register a trademark has to be made in the LLPs name. The applicant needs to only sign the power of attorney (no legalisation or notarization is required). An Affidavit attesting to the usage is not required if the Applicant wishes to claim the proposed basis for the usage.
If the Applicant wishes to submit an application alleging usage of a mark in India prior to the filing date of the application, then the affidavit along with supporting documentation to demonstrate such usage should be filed.
In addition, submit certified essential documents with the Trademark office within two months after filing an application. Once you complete your application and submit the documents, you should submit the application to the trademark office.
One of the main steps in the trademark registration process is filing required documents with your trademark application.
If you submit a faulty trademark application, it may result in additional delays to the registration process. Once your application is filed, you cannot change it to another trademark, nor materially change the one that was submitted. Before applying to have both your name and logo registered, you should think about the advantages and disadvantages of registration of your design trademark. If your application is approved for registration, you will have federally enforced trademark rights in both your design trademark and for both your name and logo as separate components.
Before learning to trademark a logo in India, you must verify the required qualifications of your trademark applicant. If you are an Indian business applying for trademarks in the US, then you need to get your trademark registered.
Failure to comply with substantive requirements of the trademark application can also result in the U.S. Patent & Trademark Office asking you for more documents and information before permitting your application to move forward for registration.
This allows your lawyer to use the trademark-specific information to choose an appropriate filing form and filing basis for your trademark, and file your application according to USPTO requirements. An Intent-to-Use Application may be filed either on or before the date that the Examiner grants approval for publication of your trademark (in which case, your filing is called a Statement of Intent to Use) or following mailing of the notice of grant.
