List of Documents for Trademark Registration of an HUF
Overview : Trademark registration is crucial to establish legal ownership of a specific mark, name, logo, image, or visual representation related to any brand or/and products/services. Safeguarding those elements that help people recognise an entity easily is crucial. Individuals and various entities such as companies, OPCs, partnerships, or businesses of all sizes can register their trademarks by fulfilling the document requirements for registering a unique identity or recognition mark.In this blog, we'll compile a list of documents required for trademark registration of an HUF in India.
Introduction
A Hindu Undivided Family (HUF) is a unique legal and tax entity established to receive income tax benefits. The key purpose of establishing a HUF is to keep the business within the family. It signifies that the family's property is collectively shared instead of divided among the individual members. HUFs can also register their trademarks by fulfilling specific document requirements.
Documents for trademark registration of a HUF
Arranging a requisite set of predefined documents for trademark registration of a HUF is essential to easily registering a trademark. Like other entities, HUFs also need to arrange and attach specific trademark registration documents with the applications to complete them effectively. HUFs work through the head of the family, also known as 'Karta,' who makes decisions for the family. Karta takes the decision to file the trademark for the HUF and also signs the ™ authorisation and affidavits for trademark filing.
Mandatory Documents
- Completely Filled Questionnaire
- Evidence of User Date
- Affidavit in support of the user date
- Attorney Authorisation (POA)
- MSME or Startup India Certificate (Optional)
Power of Attorney/Trademark Authorisation
A Power of Attorney must be executed by the Karta of the HUF, in the prescribed format on a ₹100 value stamp paper. It is an authorization in the name of the trademark agent/attorney to file the trademark application for and on behalf of the Hindu Undivided Family (HUF). The POA needs to be signed and executed by the Karta, which is head of the HUF and will be duly notarised.
User Affidavit or Evidence of First Adoption
Few supporting documents such as User Affidavits and any proof of adoption or first use date are necessary if the trademark application is filed with a prior use date. If the trademark application is filed proposing a mark to be used, there is no need for any supporting documents.
Filing of Logo/Device Mark as Trademark
If the trademark application is filed online for the registration of an HUF logo, mark or symbol under trademark, in such case a digital copy of such logo or device mark in the stated format must be uploaded along with. We request our customers to send the JPEG image of the logo, keeping in mind its background.
How does Setindiabiz help?
Setindiabiz specialises in catering to almost all types of entities' end-to-end trademark registration service needs. With years of expertise, our team is well-versed with the requisite documents for trademark registration of HUFs like other entities. It also assists in the preparation of such documents in the prescribed format, along with filling out trademark registration applications error-free. This is how Setindiabiz renders exemplary trademark registration service to individuals and various business entities to efficiently gain legal rights of ownership over a mark, name, symbol, or any visual representation!
Conclusion
In conclusion, a trademark applicant must arrange and compile every requisite document before applying for trademark registration of a HUF online in India. Exercise caution while filing a trademark application form to avoid errors. In case of an erroneous application, applicants need to make instructed corrections and resubmit it for further consideration, which may cause a delay in obtaining a trademark registration. Therefore, consulting an expert trademark attorney is always advisable.