AscenMark

What every application form asks — country by country

Choose an IP type and a jurisdiction to see the exact particulars the office requires, the practical decisions behind them, and the documents you must return duly signed, notarised or legalised.

Name, device, or both? The decision that trips up most applicants

Practical rule used by every registry we file in: a word mark and a device mark are separate rights. Filing the logo alone does not stop a competitor from using your name in a different font, and filing the composite lock-up only protects that exact arrangement. Where budget allows we file the word mark first (broadest scope), then the device or composite second. India, the UAE and Canada examine these as wholly separate applications with separate official fees.

Word mark (name only)
Plain characters, no styling. Widest protection over the name itself in any font, colour or layout.
Device mark (logo only)
Artwork with no words. Protects the visual only — anyone may still use the name in plain text.
Composite mark (name + device together)
Protects the exact lock-up as filed. Weaker against a competitor who copies only the name.
Series of marks
Several near-identical variants in one application. Available in India, Australia, Singapore and the UK; not in the US, EU or Canada.
3D / shape mark
Product or packaging shape. Needs multiple views.
Colour per se
A colour claimed alone. Requires acquired-distinctiveness evidence almost everywhere.
Sound mark
Audio file plus musical notation where the office requires it.
Motion / multimedia mark
Video or sequential stills. Not accepted in every registry.
Pattern mark
A repeating surface design.
Position mark
A sign applied at a fixed position on the product.

The mark itself — format, script and colour

How the sign is represented decides the scope of your registration and cannot be amended after filing.

  • Which format are you filing in this application?*

    One format per application. Ask us for a combined word + device strategy if you are unsure.

    Options: Word mark (name only) · Device mark (logo only) · Composite mark (name + device together) · Series of marks · 3D / shape mark · Colour per se · Sound mark · Motion / multimedia mark · Pattern mark · Position mark

  • Do you also want the other format filed as a second application?

    Recommended where the name and the logo are both commercially important. Each format is a separate official fee.

    Options: No — this format only · Yes — also file the word mark · Yes — also file the device mark · Advise me

  • Exact wording of the mark, character for character*

    Include spaces, hyphens and capitalisation exactly as you want it published.

  • Script / language of the mark

    Non-Latin scripts must be declared. India and the UAE require the office to record the script used.

    Options: Latin / English · Devanagari · Arabic · Chinese · Other non-Latin script

  • Transliteration of the mark into Latin characters

    Mandatory in India, the UAE, the EU, the UK and Singapore when the mark is not in Latin script.

  • English translation and meaning of the mark

    Required in the US (37 CFR 2.32), India, the UAE and the EU where any element is a foreign word. Write 'no meaning — coined word' if invented.

  • Are you claiming colour as a feature of the mark?

    Claiming colour narrows protection to those colours. Leaving it in black and white generally covers all colours in India, the UAE and Singapore, but not in the US.

    Options: No — black and white / no colour claim · Yes — colour is claimed

  • List each colour and its Pantone / hex code, and where it appears in the mark

    Colour artwork in the exact claimed shades (JPG/PNG, min 1000px)

  • Written description of the device / artwork

    Describe every element the examiner will see: 'a stylised blue eagle above the word ASCEN in red block capitals'.

    Artwork file — 8×8 cm, 300 dpi, plain background

  • Any descriptive or generic words in the mark you accept disclaiming?

    Registries routinely demand a disclaimer of words like 'Global', 'Corporate', 'Ltd', device of map, numerals or common surnames.

  • Any limitation or condition to be recorded (territory, colour, mode of use)?

Applicant, ownership and signatory

The name on the application must match the entity's constitutional documents exactly. Correcting an owner later is treated as an assignment in most registries.

  • Full legal name of the applicant / proprietor*

    As printed on the certificate of incorporation, partnership deed, trust deed or passport.

  • Legal constitution of the applicant*

    Options: Individual / sole proprietor · Private limited company · Public limited company · LLC / LLP · Partnership firm · Trust, society or association · Government body

    Certificate of incorporation / partnership deed / trust deed

  • Company / registration / CIN / trade-licence number

  • Full registered address including postcode and country*

  • Nationality / country of incorporation*

  • Are there joint applicants or co-owners?

    Each co-owner signs every document, and joint ownership must be disclosed at filing.

    Options: No · Yes

  • Names, addresses and nationality of each co-owner, and the share held

    Co-ownership / joint-applicant agreement signed by all parties

  • Name of the person who will sign the forms*

  • Designation and authority of the signatory*

    Director, partner, trustee, authorised signatory. The registry checks that this person can bind the applicant.

    Board resolution or letter of authority naming the signatory

  • Signatory email and phone for e-signature and registry correspondence*

Goods, services and specification wording

The specification fixes the commercial scope. It can be narrowed later but never widened.

  • Exact list of goods and services, grouped by class*

    US examiners accept only wording from the ID Manual. The EU and UK reject bare class headings. India and the UAE accept broader wording.

  • What do you actually sell today, and what will you sell in the next three years?

    Used to keep the specification defensible against non-use cancellation.

  • Do you resell third-party products or run a marketplace?

    Triggers Class 35 retail services, which most applicants miss.

    Options: No · Yes

Use, priority and prior rights

Dates of use are declared on oath. A wrong date can void the registration in the US and India.

  • Is the mark already in use, or is this an intent-to-use filing?*

    Options: Already in use · Proposed to be used / intent to use

  • Date of first use of the mark, per country

    India requires the exact date and a notarised user affidavit with supporting invoices. The US requires first use anywhere and first use in commerce.

    Notarised affidavit of user with dated invoices, advertisements or packaging; Specimen showing the mark as actually used in commerce

  • What will you provide as the specimen of use?

    US: label, packaging, point-of-sale display or a live webpage URL with the mark next to the goods.

  • Are you claiming Paris Convention priority from an earlier application?

    Six months for trademarks and designs, twelve months for patents, from the first filing date.

    Options: No · Yes

  • Priority country, application number and filing date

    Certified copy of the priority application issued by the first office; Verified English translation of the priority document where it is not in English

  • Any earlier registrations, pending applications or refusals for the same mark anywhere?

India — Registry of Trade Marks / Patent Office particulars

The Indian registry treats word and device marks as separate applications, and enforces stamped, notarised paperwork strictly.

  • Applicant category for the official fee

    Individual, startup and small enterprise applicants pay ₹4,500 per class instead of ₹9,000. Proof must be filed with the application.

    Options: Individual / sole proprietor · Startup (DPIIT recognised) · Small enterprise (Udyam / MSME) · Other — standard fee

    Udyam / MSME certificate or DPIIT startup recognition certificate

  • Confirm the authorised signatory who will execute Form TM-48 (Power of Attorney)

    TM-48 must be signed and, for companies, stamped with the common seal or accompanied by a board resolution.

    Form TM-48 power of attorney, signed and stamped; Board resolution authorising the signatory

  • Indian address for service

    Foreign applicants must give an address in India — ours is used unless you provide your own.

    Options: Use Ascen Mark's Indian address for service · We have our own Indian address

  • India: how should the word and the logo be protected?

    The Indian registry publishes and examines the mark exactly as filed. A device-only registration will not stop a plain-text copy of your name, and a composite registration is routinely limited to the whole label.

    Options: Word mark only · Device mark only · Composite label only · Word mark + device mark as two applications (recommended)

  • Sole proprietorship: name of the proprietor to be shown as 'trading as'

  • Confirm affidavits will be executed on ₹100 stamp paper and notarised

    Options: Confirmed · Please arrange for us

    User affidavit on stamp paper, notarised; Copies of invoices / advertisements exhibited to the affidavit

Execution — how the papers will be signed

Every registry treats a defective signature as a formality objection. Confirm how you can execute.

  • How will the signatory execute documents?*

    Options: Electronic signature in the Ascen Mark portal · Wet ink, scanned and couriered · Wet ink plus notarisation · Wet ink, notarisation, apostille or consular legalisation

  • Does the entity have a common seal or company stamp to be affixed?

    Options: No · Yes

  • How quickly can signed originals be returned?

    India allows POA filing after the application; the UAE requires legalised papers within 30 days.

    Options: Within 3 days · Within 2 weeks · Within 30 days · Unsure — advise us

  • Confirm the applicant will declare the information given is true and complete*

    This declaration is made on oath in the US, India and Singapore.

    Options: Confirmed

Documents to be executed for India

Applicant is a:

    • Power of Attorney (Form TM-48)TM-48

      Signed by the applicant (scan accepted)

      Authorises the Indian trade mark agent/attorney to file and prosecute. Signed by the applicant or an authorised signatory; company seal where applicable. Stamp duty of Rs.100 (state-dependent) is customary.

      When: Filed with the application; may be uploaded within 30 days of filing

    • Affidavit of use (user affidavit)

      Notarised

      Sworn statement of the date of first use with supporting evidence annexed — invoices, advertisements, packaging, website archives. Filing a wrong or unsupported user date is a common ground for objection and later rectification.

      When: Mandatory whenever a use date earlier than the filing date is claimed

    • Board resolution / authorisation of signatory

      Signed by the applicant (scan accepted)

      Certified extract of the board (or governing body) resolution naming the person authorised to sign the POA, forms and affidavits on behalf of the entity.

      When: With the application

    • Udyam (MSME) / DPIIT startup certificate

      Signed by the applicant (scan accepted)

      Individuals, startups and small enterprises pay Rs.4,500 instead of Rs.9,000 per class online. The certificate must be current on the filing date.

      When: At filing — cannot be added later to claim the reduced fee

    • Certified priority document + verified translation

      Signed by the applicant (scan accepted)

      Certified copy of the earlier foreign application when convention priority is claimed, with an English translation verified as accurate.

      When: Within 3 months of the request (trade marks) / 3 months (patents)

    • Address for service in India

      Signed by the applicant (scan accepted)

      Foreign applicants must give an Indian address for service — supplied by our appointed Indian agent.

      When: At filing

Formality requirements change and are applied at each registry's discretion. This checklist is preparation guidance, not legal advice — your appointed local agent confirms the final list before filing.

Answers are used to prepare the official forms and declarations. They are recorded with your filing and shared with the appointed local agent for that jurisdiction. Ascendum Corporate Advisory LLC prepares and transmits filings; it does not provide legal advice.