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Rewati Krishnan
Setindiabiz Team |LinkedIn profileUpdated : December 27, 2024

List of Documents for Trademark Registration for an OPC

Overview : Safeguarding a brand name or its intellectual properties e.g. logo, images, or other specifications, is crucial to protecting its exclusivity and making it easily recognisable in a highly competitive and diverse market like India. Protecting the exclusivity of a brand can help it sustain longer in its segment. In addition, it allows them to focus on their growth by eliminating chances of infringement or getting copied. Trademark registration is the most effective way to safeguard a One Person Company's unique identity or its IPR.
Similar to other entities, documents play a vital role in trademark registration for an OPC. However, most solopreneurs aren't aware of the necessary documents for trademark registration for an OPC in India.

Introduction

A one-person company (OPC) is an attractive business structure that can be registered with at least one director/shareholder and offers all the company's benefits. Due to this, it has become one of the top choices of solopreneurs who don’t want to share their business with other partners. In order to keep your OPC flourishing, it’s important to secure its IPR through trademark registration. Certain documents must be arranged or prepared before applying for trademark registration for an OPC.

Documents required for trademark registration for an OPC

Trademark registration is an effective tool for solopreneurs to establish their OPCs’ unique identity and safeguard their goodwill from being infringed, copied, or eventually harmed. This registration ensures a secure and sustainable business in the long run. The list of documents required for trademark registration of an OPC is given below, along with a link ofthe detailed video explaining essential documents for trademark registration;

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

A Power of Attorney (POA) is a critical document required when filing a trademark application online. It must be executed on a stamp paper worth ₹100 in the format prescribed by the Indian trademark office. This document authorises a registered agent or attorney to file the trademark application on behalf of the OPC. The POA must be signed by the director of the OPC and also notarised to be considered valid. This ensures legal authorisation for the agent to act in trademark-related matters.

Proof of First Adoption or User Affidavit

To register a trademark with a "prior use" claim, supporting documents like User Affidavits or promotional materials determining the first use date of the trademark are mandatory. However, for applications filed under "proposed to be used," no such supporting documents are required. The User Affidavit should clearly outline the timeline and manner of use of the trademark.

Image of Logo, Device Mark, or Symbol

To register a logo, device mark, or symbol as a trademark, OPCs must upload a digital copy of the proposed mark in the prescribed format. The image should be clearly visible in the dimension as accepted by the Office of the Registrar of Trademarks.

Why Setindiabiz?

With years of experience, Setindiabiz has gained specialisation in offering trademark registration services for all types of entities in India. Our expert team is well-versed in the nitty-gritty of trademark registration documents and their overall process, so it offers comprehensive assistance in registering a trademark in an OPC in India, ensuring OPCs register their trademark hassle-free!

Conclusion

Trademark registration is the best way to protect an OPC's recognition and its legal standing. There may be a slight variation in document requirements for trademark registration as per the classes of trademark. Taking this information into consideration, applicants can go through the process smoothly. Fulfilling the document requirements ensures the correctness of the information submitted, and following the steps involved in the trademark registration process helps OPCs protect their IPR & recognition.