Information to Include in a Trademark Application

Filing a trademark application requires you to include specific information to ensure that your TM form is filed correctly. Some of which include but not limited to the name of the trademark; description of the type of trademark; and relevant class applicable among others.

An overview of the key information to be included in the application along with additional particulars which need to arranged and duly verified before filing in  order to accept the trademark application without objection:

• Applicant's full name, address and nationality
• Applicant's home country address, in case of convention application
• Type of applicant- individual, joint proprietors, partnership firm, company, or a government undertaking
• Principal place of business and a valid email address
• Name, description and 2 copies (image) of the trademark
• Description of all the goods and services that your trademark covered
• Power of attorney (in case agent file the trademark application) and name of the trademark owner
• Translation of the trademark, if contains foreign words
• Statement of use, only if mark is already in use

What are the other parameters needed to be verified before filing a trademark application?

In addition to ensuring that the above particulars are suitably filled out in the prescribed form, the proprietor/applicant needs to ensure certain other conditions before filing the trademark application.

• In case the mark is characterised by 3D features or a particular colour combination, the same has to exhibit the features of the trademark clearly.
• Graphical representation of the trademark is mandatory, which essentially means that the mark should be capable of being represented “on paper”, in physical form.
• In case of series of trademarks the size of the trademark (each trademark) must not exceed the prescribed limit of 8cm x 8cm and appropriate endorsement is required where one of the trademarks is in black and white, and the others are coloured.
• Where an application has been filed for a shape trademark, it must be accompanied by a proper drawing of the same that clearly indicate all features of the trademark, as well as a brief and precise description of the mark. The same rule applies where the applicant applies for a trademark characterised by a combination of colours.

In the event that certain particulars are not mentioned or necessary information not furnished, the Registrar through notification to the applicant shall allow a month’s time to rectify any deficiencies that may exist in the application.

If the appropriate rectifications are not made or relevant information not furnished within the prescribed period, this may result in abandonment of the trademark application.