List of Documents for Trademark Registration for a Society

Overview : Trademark registration is a crucial process that helps safeguard intellectual property and establish a unique brand identity. Be it an individual or entity (e.g., startups, sole proprietorships, companies, etc.) or others, all need to adhere to specific documentation requirements as stated. Here, we'll shed light on the list of documents required for trademark registration for a non-profit organisation such as a National level or state-level society registered under the Societies Registration Act 1860.
Introduction
A society is a legal entity generally registered to work for charitable causes to serve humanity and to promote science, art, literature, and such other sectors. It is governed under the Societies Act 1860 and can be formed with a group of at least seven people. Though societies work for charity and non-profit causes, they must ensure that their trademarks, logos, punchlines, or other identifying marks that relate to the society are well protected under the trademark laws of India. Trademark registration is the first step to ensure IPR protection in India, and for that purpose, the specific document requirement must be arranged.
Documents for Trademark Registration for Society
Documents are an integral part of the trademark registration process for the society. It’s not possible to obtain a trademark unless you have each required document for registering a trademark, ensuring exclusivity, and protecting a society's unique identity. The list of documents needed for trademark registration of a society with a video is described below;
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 POA is a crucial document that is required while filing a trademark registration for a society online. It must be executed on a stamp paper of value of ₹100 in the format as prescribed by the trademark office in India. This document authorises a trademark agent/attorney to file the trademark application on behalf of the registered society. In the case of society, a power of attorney must be signed by the president of the society or the secretary of the society if specifically authorised by the governing body of the society in this regard.
As a matter of practice the governing body of the society should pass a resolution for taking necessary steps for protection of the IPR such as the trademark and duly authorise the president or the secretary to take all necessary steps for filing of the trademark application including engaging an attorney to conduct thorough trademark search and for the filing of the trademark application with the office of the Registrar of Trademarks.
Proof of First Adoption or User Affidavit
If applying for a trademark application with a prior use claim, it's necessary to provide some supporting documents such as user Affidavit or any material establishing the first use date of the mark. However, in case the application is filed as proposed to be used, no supporting documents are required. The User Affidavit should clearly outline the timeline as well as manner of use of the mark.
Image of Logo, Device Mark, or Symbol
Registering a logo, device mark or symbol as a trademark, a society must attach a digital copy of the mark to be registered along with the trademark application. The image must be in adherence to the prescribed format and size.
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Conclusion
Like other business entities, charitable entities registered as societies must also adhere to certain documents requirements to register their name, logo, or any unique mark. Taking documents requirement for trademark registration of a society is crucial to ensure smooth trademark registration of a society’s name, logo, specific mark, etc., reflecting its nature of charity.