A trademark application fails or slows for one of two reasons: the wrong strategy, or the wrong paperwork. Strategy — class choice, search, specification — is where most of our advice goes. But the paperwork is where most avoidable delay lives. An application filed with a mismatched name, a low-resolution logo, or a missing Power of Attorney gets flagged, corrected and re-queued, adding weeks to a process that already runs 18–24 months. This checklist sets out exactly what you need to file a clean trademark registration in Delhi in 2026 — the identity and address proofs, the logo specification, the documents that unlock the fee concession, the TM-48, and the user affidavit — with the variations for each entity type a Delhi applicant might be.
1. Applicant identity and address proof
Every application on Form TM-A must correctly identify the applicant, and the name on the application must match the name on the supporting proof exactly. What you supply depends on who the applicant is, but the baseline is:
- Individuals and sole proprietors: PAN card, plus an address proof — Aadhaar, passport, voter ID or a recent utility bill.
- Companies and LLPs: Certificate of Incorporation, the company PAN, and the registered-office address as on record with the Registrar of Companies.
- Partnerships: the partnership deed and the firm's PAN.
The single most common defect we see is a mismatch — the brand is used by a proprietor but the application names an individual with a slightly different spelling, or a company files under a trade name that is not the registered entity. Fixing an applicant-name error mid-process is painful, so getting this right at filing matters more than any other line on this list. If you have not yet decided who should own the mark — founder, company, or holding entity — that is a strategy question worth settling first, and our IP audit helps founders get ownership clean before filing.
The name on the application is the owner of the mark. Get it wrong and you have protected the wrong person.
2. The mark itself — wordmark or logo
If you are registering a plain wordmark — just the name, in no particular font or colour — you need only the text; the registration then covers the word however it is styled. If you are registering a logo or a stylised/coloured mark, you must supply the artwork, and the specification matters:
- A clear image, typically JPEG, at good resolution — a pixelated logo can draw an objection or lock you into a low-quality representation.
- The exact colours you want claimed, if you are claiming colour; otherwise the mark is treated as covering all colours.
- One mark per application — a name and a separate logo are two filings with two fees.
Whether you need both the wordmark and the logo is a genuine decision with cost consequences, and we work it through in our logo vs wordmark guide. Before finalising the artwork, it is also worth a trademark search to confirm nothing confusingly similar is already on the register under sections 9 and 11 — and a quick pass through our search tool is a sensible first move.
3. Udyam / MSME or Startup-India recognition — for the fee concession
This is the document that halves your government fee. The concessional rate of ₹4,500 per class (versus ₹9,000) is available to individuals, DPIIT-recognised startups and MSMEs — but only if you attach the proof at filing:
- MSMEs: a valid Udyam Registration Certificate in the applicant's name.
- Startups: the DPIIT recognition certificate / number.
The proof must be in the same name as the applicant — a company cannot claim the concession on a Udyam certificate registered to the founder personally. Miss the document and you pay full fee, with no retroactive refund. This is worth ₹4,500 per class every time, so it is the first thing we check. We cover the mechanics and eligibility in detail in the MSME and Udyam fee-concession guide, and the whole cost structure in the Delhi cost guide.
4. Power of Attorney — Form TM-48
If an attorney or agent files on your behalf — which is how almost every serious application is filed — you must authorise them with Form TM-48, the trademark Power of Attorney. It is a simple document naming the agent and signed by the applicant, but it must be executed correctly and in the applicant's proper capacity (an authorised director for a company, the proprietor for a proprietorship). Filing without a valid TM-48 means the agent is not on record and correspondence does not reach them cleanly. We prepare and execute the TM-48 as a standard part of every filing under our registration service.
5. User affidavit and proof of prior use
If you have already been using the mark in trade and want to claim a "use since" date earlier than the filing date, you must back it with a user affidavit and supporting evidence. A claimed prior-use date is valuable — it can defeat a later-filed rival and strengthens your position in any opposition — but it must be provable. Evidence that supports a use claim includes:
- Dated invoices or bills showing the mark in commercial use
- Advertising, packaging or catalogue material bearing the mark, with dates
- The earliest documented instance of the mark in the market
If you are filing on a "proposed to be used" basis — a new brand not yet launched — you skip the affidavit, and the application simply carries no prior-use claim. Do not claim a use date you cannot document; an unsupported claim is worse than none. For Delhi's long-established traders — the multi-generation businesses around Chandni Chowk and Bhagirath Palace — the prior-use claim is often the most valuable part of the application, and worth assembling carefully. Our Chandni Chowk traders guide addresses this directly.
6. Entity-type variations at a glance
The core documents are consistent, but each entity type has its wrinkles:
- Individual: PAN + address proof. Eligible for the ₹4,500 concession by default. Simplest to file, but the mark is owned personally.
- Sole proprietor: proprietor's PAN + address proof, plus proof the proprietorship exists (Udyam, GST or a trade licence). Concession available.
- Partnership: partnership deed + firm PAN; all partners' details on the application. Concession available if MSME-registered.
- LLP: Certificate of Incorporation + LLP PAN. Full fee unless it qualifies as an MSME with a Udyam certificate.
- Private limited company: Certificate of Incorporation + company PAN + registered office. Full fee (₹9,000/class) unless MSME-recognised.
Which entity should own the mark is a strategy question with tax, transfer and control consequences — and it is easier to decide before filing than to fix by assignment afterwards. Founders weighing this alongside their broader IP position will find the Delhi NCR startup IP strategy guide useful, and the difference between owning a company name and owning a trademark is unpacked in trademark vs company name.
A pre-filing checklist
- Applicant identified and name matched exactly to proof
- Correct class(es) confirmed via the class finder
- Search run to clear sections 9 and 11 conflicts
- Mark artwork ready (clear image; colour claim decided)
- Udyam / DPIIT certificate attached if claiming the concession
- TM-48 executed in the correct capacity
- User affidavit + prior-use evidence prepared, if claiming a use date
The takeaway
Clean paperwork is the cheapest way to keep a Delhi trademark application on schedule. Match the applicant name to its proof, supply the mark in the right form, attach the Udyam or DPIIT certificate if you want the ₹4,500 concession, execute the TM-48 in the correct capacity, and back any prior-use claim with dated evidence. Get these right and your filing on the IP India portal proceeds without the correction cycles that add weeks. If you would rather hand the assembly to a practitioner who checks every one of these before submission, our Delhi trademark team prepares and files the complete document set as part of the registration engagement — and the companion Delhi 2026 guide ties the paperwork into the full timeline.
Your brand is only yours when you file it.
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