Eligibility for Trademark Registration

• Yes, Non-Governmental Organizations (NGOs) are eligible to register trademarks under the Trade Marks Act, 1999.
  
• NGOs, like any legal entity, can apply for trademark protection for their name, logo, slogan, or symbol used in connection with their services.
  
• The organization must be a registered legal entity, such as a trust, society, or not-for-profit company.
  
• The mark must be used or proposed to be used in relation to identifiable services.
  

Purpose of Trademark for NGOs

• A trademark helps NGOs establish and protect their brand identity in the public domain.
  
• It prevents misuse of their name or symbol by unauthorised individuals or organizations.
  
• It supports fundraising, outreach, and branding by ensuring exclusivity over the mark.
  
• Registration also strengthens the NGO’s legal position in case of infringement or impersonation.
  

Filing Process and Classification

• NGOs can file the trademark application using Form TM-A.
  
• They must select the appropriate service class, typically under Class 41 (education, training), Class 35 (charitable services), or Class 45 (social services).
  
• The application must include the full legal name of the NGO, its registered address, and details of the mark.
  
• The application can be filed online or physically at the appropriate Trademark Registry office.
  

Documentation Required

• Registration certificate of the NGO (trust deed, society registration, or incorporation certificate).
  
• Authorization letter or resolution allowing the filing of the trademark application.
  
• Proof of use, such as brochures, activity reports, website screenshots, or banners.
  
• Power of Attorney (Form TM-48) if the application is filed through a trademark agent or attorney.
  

Legal Benefits and Protection

• Trademark registration grants the NGO exclusive rights over the mark in connection with its services.
  
• It helps prevent deceptive use or misrepresentation by third parties.
  
• A registered mark enhances the NGO’s credibility, brand recognition, and legal enforceability.
  
• It provides a foundation for expansion, licensing, and partnerships under a protected identity.