Documents a private limited company needs for a trademark
The core documents for a private limited company filing a trademark application are: a power of attorney on Form TM-48 signed by an authorised person of the company; proof of incorporation, usually the certificate of incorporation; the mark itself, either as plain words or as a logo file; a list of the goods or services with the correct classes; and, where the mark is already in use, evidence of that use. A start-up or small enterprise certificate is not mandatory, but without it the company pays the standard fee rather than the reduced category fee.
This guide lists each document, explains who signs what, and describes the practical things that cause objections or delays, so a company in Kolkata or anywhere in West Bengal can put the file together without a second round of correspondence.
The authorisation: Form TM-48
A trademark application can be filed by the applicant directly, but most companies file through an advocate or agent. That requires a power of attorney, and the prescribed form for this purpose is TM-48. It must be signed by a person who is competent to bind the company, typically a director, and it names the advocate or agent who will act. The form should be filled in accurately, because a mismatch between the name of the signatory, the company, or the agent is a common reason for a defect notice.
Alongside the TM-48, it is good practice to pass a short board resolution authorising the named director to sign the power of attorney and to file the application. The resolution is not the form itself, but it shows that the signatory had the company behind them, which is useful if the ownership of the mark is ever questioned. In practice, a one-page resolution recorded in the minutes is enough, and it saves time later if the company changes directors or the mark becomes the subject of a dispute.
Proof of incorporation and identity of the applicant
Because the applicant is a company and not an individual, the application must be supported by documents that establish the company exists and match the name used on the form:
- The certificate of incorporation issued by the Registrar of Companies. The name on the certificate must match the applicant name on the application exactly.
- Company identity details such as the registered office address and the Corporate Identity Number, as they appear on official records.
- Where a director signs, the board resolution referred to above, together with the director's details as entered in the application.
- If a start-up or small enterprise fee category is claimed, the corresponding certificate, such as an Udyam registration for a small enterprise or a recognised start-up certificate.
If the company has changed its name since incorporation, keep the name-change documents with the file, because the Registry will want the chain to be clear. The company must also ensure that the name it registers as a trademark is the same name it trades under and that the certificate of incorporation supports it; a trading style that differs from the registered company name should be dealt with as its own mark.
The mark itself: wordmark or logo
A company must decide what it is protecting. A wordmark protects the name in words, irrespective of how it is styled, and is the broadest form of protection for a brand name. A logo or device mark protects the particular visual representation. Many companies file both, or file the wordmark first and the logo separately, because a limitation in the logo does not restrict the name.
For a logo, the file must be in the format the Registry accepts, typically a clear black-and-white or colour image in a standard format such as JPEG, and it must be of good enough quality to reproduce in the journal. A blurry or cropped logo image invites a defect. If the mark is in a special script or includes a device, describe it accurately in the application, and if colour is claimed as a feature, the image and the claim must agree. Where a company has not yet finalised a design, it is often wiser to file the wordmark first so that the name is protected without waiting for the artwork.
Goods, services and classes
A trademark is granted for specific goods or services and not for a business in the abstract. The company must state precisely what the mark covers, and the Registry groups these into classes under the international classification. A company selling software and also offering consultancy may need two classes; a company using one name across several lines of business may need several.
The fee is charged per class, so the choice of classes affects both the scope of protection and the cost. Two mistakes are common here: filing in too few classes, leaving part of the business unprotected, and filing in classes the company does not actually use, which is wasteful and can be attacked later for non-use. It is worth listing the classes against the actual products and services before filing, and reviewing that list once a year as the business grows.
Proof of use, if the mark is already in use
An application can be filed either as proposed to be used, or as already in use. If the mark is already in use, the company must give the date of first use and support it with evidence. Typical proof includes the earliest invoice or bill bearing the mark, packaging or labels, advertisement material, and website or app screenshots that show the mark in connection with the goods or services.
The evidence should be genuine and, ideally, the earliest available. Claiming a date of first use that cannot be supported is worse than filing as proposed to be used, because it creates a weakness an opponent can exploit. Where a company is unsure, filing as proposed to be used is the safer route. Where the mark has been in use for years, collecting the earliest surviving documents early saves a scramble later if an objection or an opposition arises.
A document checklist for the company's file
| Document | Needed when | Who signs or provides it |
|---|---|---|
| Form TM-48 (power of attorney) | Always, if filing through an advocate or agent | Authorised director on behalf of the company |
| Certificate of incorporation | Always | Company records |
| Board resolution authorising the signatory | Good practice on every filing | Board of directors |
| Logo image in accepted format | If filing a logo or device mark | Company |
| Udyam or start-up certificate | Only if claiming the reduced fee category | Company |
| Proof of use | Only if filed as already in use | Company |
The application form for a new mark is TM-A. The exact fee depends on the category of applicant and the number of classes, and the fee schedule and accepted image formats should be confirmed on the IP India portal at the time of filing, because these are revised from time to time.
Common reasons a company filing is delayed
- A mismatch between the company name on the application and the certificate of incorporation.
- A power of attorney signed by someone who is not shown as a director, or left unsigned.
- An unclear logo file, or a colour claim that does not match the image supplied.
- Filing in the wrong class, or describing the goods or services too vaguely.
- Claiming a date of first use that the documents cannot support.
- Not replying to an examination report within the time allowed, which can lead the application to be treated as abandoned.
After filing: what to expect
Once the TM-A is filed and the fee paid, the Registry examines the application, may issue an examination report raising objections, and publishes the mark in the Trade Marks Journal. If no one opposes it within the statutory period, the registration proceeds. A registered mark is then valid for 10 years from the date of application, as explained in our note on trademark validity and renewal. Throughout, it helps to keep the same tidy file, because replies to objections draw on the same documents listed above.
For a company that wants the filing checked before it goes in, or that has already received an examination report, a consultation is the practical first step, and our broader business services cover the surrounding compliance work.
One final point on scale. A growing company often changes its logo, adds product lines or rebrands, and each of these can create a fresh filing rather than a change to the existing one. That means the document set described here may need to be assembled more than once. Keeping a single dated folder for the company's marks, with the incorporation certificate, the authorisations and the proof of use in one place, turns the next filing into a matter of minutes rather than days.