Last reviewed: 6 August 2026. Trademark filings are light on documents and heavy on decisions — the papers are few, but each one (the mark file, the user date, the class choice, the concession certificate) shapes prosecution for years. Here is the complete list and the thinking behind each item.
The core set
| Document | Why it matters |
|---|---|
| Applicant details (individual/company/LLP with PAN) | Ownership sits here forever — file in the entity that should own the brand, not whoever is convenient |
| Mark representation (wordmark text or logo file) | Logo files should be clean, high-resolution; colour claims are strategy, not decoration |
| Goods/services description + class(es) | Classes define protection; wrong class = right mark protecting the wrong business |
| User affidavit + evidence (if claiming prior use) | Claiming a first-use date needs supporting evidence (invoices, ads, listings) — an unsupported date invites trouble |
| Power of attorney (TM-48) | Authorises the agent/attorney prosecuting the mark |
| MSME (Udyam) / DPIIT certificate | Unlocks the concessional official fee for eligible applicants |
Decisions disguised as paperwork
- Word vs device: the wordmark usually protects more; the logo can follow as budget allows
- “Proposed to be used” vs prior use: claim prior use only with evidence you can stand behind
- Class spread: cover today’s business and the 24-month roadmap, not fantasies
- Owner entity: company-owned marks survive founder changes; personally-owned marks become negotiation chips
Filing defects that surface later
- Blurry logo files that limp through examination and embarrass in enforcement
- User dates claimed without a shred of evidence on file
- Descriptions copied from another applicant that do not match your goods
- Concession claimed without attaching the certificate
Frequently asked questions
Can I file without a logo, just the name?
Yes — a wordmark application protects the name across stylisations and is usually the stronger first filing.
What fee concession do startups/MSMEs get?
Recognised startups and Udyam-registered MSMEs pay reduced official fees on trademark applications — attach the certificate at filing to claim it.
One application for all my products?
One application can cover multiple classes (fees per class). Whether to spread now or later is a budget-vs-priority decision made in the class strategy.
Do I need invoices to file?
Only if claiming a prior-use date. Filing as “proposed to be used” is perfectly respectable when evidence is thin — honesty here prevents affidavit problems later.
Who should own the mark — me or my company?
Almost always the company that runs the business; personal ownership creates diligence flags and founder-exit complications. Assignments can cure history, but filing right is cheaper.
How long until registration?
Examination and publication timelines belong to the registry and vary; opposition windows add more. Early filing for priority is the controllable part.
Is ™ usable immediately?
™ signals a claim and is usable on filing; ® only after registration — using ® early is an offence, not a flex.
What happens if the examiner objects?
A reply with arguments/evidence — most objections (descriptiveness, similar marks) have standard, winnable responses when the mark was chosen well. See the companion guide on objections.
We run search, class strategy and filing with the concession certificates attached, and prosecute objections through to the register.
IPR & Trademark AdvisoryDPIIT RecognitionRequest a Scope DiscussionThis article is a general educational summary as on 6 August 2026 and is not professional advice or an assurance of any approval, registration or outcome — departmental decisions rest with the authorities on each case’s facts. Requirements change; verify current rules or discuss your specific case before acting.