5 Things You Should Know When Filing A Trademark

When filing a trademark, knowing about what is involved in the process beforehand can make things easier for you. In this post, we look at five factors that are involved in the trademark application process. These include – identification documents of the applicants, the unique details of the trademark, the details of the class to which your product or service belongs to, the power of attorney, and the date of first use.

Below, we look at each of them in brief detail.

Applicant Identification

If the applicant is an individual, then their identity proof showing their name, address and nationality would be sufficient. And if they do have any type of business registration, then that also needs to be included. In the case of a partnership firm, the partnership deed must be submitted. In case any partner is a minor, it needs to be specially mentioned. And finally, if the applicant is a company or an LLP, then it needs to submit the certificate of incorporation and address proof for registering the trademark.

Trademark Details

Make sure that your trademark is distinct from other existing trademarks. Else, your application may be rejected and you will have to spend more time trying to come up with a unique trademark. Avoid such unnecessary wastage of time by using a truly unique trademark in the first application itself. And if the trademark consists of any non-English words, then you must include an English translation of those words.

Class Details

Before you do the trademark filing online, make sure that you correctly identify the trademark class into which your product or service belongs to. There are 45 classes into which your product or service may be classified. Check them out and know the correct class to apply for beforehand. Your specific trademark may be taken in certain classes while being available in others. Applying with an incorrect class can lead to rejection of trademark even though it might actually be available for the class your product or service truly belongs to. And this is why mentioning the correct class is important.

Power Of Attorney

You must also include a power of attorney together with the trademark application. It needs to be signed by you, but no notarization is necessary. The power of attorney must be executed on a Rs 100 stamp paper. You may avoid this at the application stage and choose to submit it later. But including it during the application process is generally the efficient way.

Date Of First Use

If you have already used the trademark before, then you have to mention the date on which the trademark was first used. If you are not sure of the exact date, consult with the agency carrying out your trademark registration.

So, keep the above points in mind when preparing your trademark filing and you will have an easier time preparing your application.

Author’s Bio:

David Han is a co-owner of a food outlet in Fairmont,West Virginia. He loves food,music and has a passion for writing. So whenever he can he works with Outreach Experts like SubmitCore and shares his thoughts about the business and market.

Author: Guest author

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