Here’s what you need to know about trademark registration in Mumbai and what is the process and eligibility, the same.
Trademark is a crucial element, something you shouldn’t avoid at any cost. It allows the owner to prevent others from utilising their mark or even confusing the general public. A registered trademark is a solid form of the company’s intellectual property and an intangible asset.
Many individuals and business owners consider Trademark Registration in Mumbai. But they don’t know how to start. It safeguards the company’s brand image by securing its log, brand name, or anything similar. With a trademark, your company steps up to build an identity in public!
Who is eligible for trademark registration in Mumbai?
Let’s understand who is eligible for trademark registration:
Joint owners
The Joint owners together can be eligible to file for a trademark. But both their names need to be mentioned in the form.
Proprietorship firm
It’s the single person responsible for running the business and facing debts. Thus they can file a trademark application under their name, and the proprietorship name will be included in the application and not the name of the company.
Partnership firm
Governed by the Indian Partnership Act is the formation of the partnership firm. Here, two individuals come together to run a business and share profits and losses based on the agreement. They can register for a trademark and need to mention all partners’ names.
Limited Liability Partnership or LLP
As LLP companies get incorporated on their own identities, this type of company can file for trademark registration under the respective LLP’s name. But, here, partners can not become an applicant in any way.
Indian company
Any Indian company must register in its name, regardless of whether it is private or limited.
An individual or a person
Any individual wishing to register their unique symbol or words is eligible for filing a trademark. They don’t need to run a business.
Things to remember before you register a trademark
Many things about trademarks are left unsaid, making people confused and tricky to understand. Before registering, you need to remember everything about Trademark registration in Mumbai:
- Trademarking can apply not just to goods but also to services. However, it should be able to distinguish between a company’s goods and services with that of others.
- It should only be used for the products and services offered by the company, and that’s because it tends to give all commerce links between the two offerings.
- Trademark is applicable on graphical marks, as well as audio-visual marks. If you’re restricting yourself from registering, remember it is eligible for trademarks under the Act.
- The validity period for the trademark is usually ten years from the date of registration of the trademark. You must renew the registration within six months before the period ends.
Things required for trademarking in Mumbai
- Your company identity and address details
- Trademark user affidavit
- Any trademark or copy of the logo
- Your company details
- The details of product/services to be registered
- Also, a signed document of the POA (power of attorney) on a stamped paper
- Noting the date of using
Points to Remember
Before you proceed with the filing process, there are a few things to do.
First is to be sure you search for any relevant marks similar to you, and it is to ensure that there is the non-existence of identical trademarks, and it will help protect your mark from any future objections.
There is a public website available to search for the same. With that, there are around 45 classes of registration. You need to know which type you fall into for the trademark of your goods/services.
Process of trademark registration in Mumbai
The process of Trademark Registration in Mumbai is pretty straightforward. However, it will take time since there are a lot of formalities to do!
Step 1:
Initiate while selecting a brand name for your company’s products or services. The brand name should be distinctive and unique and such that no other company has registered anything similar to your company name.
The brand name is a mix of elements of the logo, symbol, slogan, words, elements, and more.
Step 2:
After ensuring your brand’s name, move ahead to the next step: filing a trademark application immediately. You can obtain the trademark registration from the Trademark Registry’s regional office in Mumbai. For that, you need to pay the prescribed fee.
After you’ve completed the application, you must submit all necessary documents along with it.
Documents include:
- Incorporation Certificate for company proof
- Identity proof, Address proof document of the applicant
- Images and, logo, brand name all must meet the standard size
- If anyone else is using the trademark, you need to provide evidence for the same
Step 3:
After completing, proceed to the next step of submitting the form to the Trademark Registrar. It can be done physically and digitally, whichever seems convenient.
Physical filing takes time since you are required to visit the office of Trademark Registration in Mumbai. After that, you must submit the application form with all the crucial documents.
Once the documents are submitted, you will receive an Acknowledgement Number within 15-20 days of filing. You must visit the website if you choose to file online through e-file. You can submit the application form and the necessary documents on the website (Trademark Registration Mumbai). Once all the documents are submitted online, you will receive an Acknowledgement Number within a few minutes.
Step 4:
Remember, when you submit the form to the office, the Registrar will examine the application. The Registrar is responsible for checking whether your mark is already in use. And if it abides by the country’s law, it is then approved. It also makes sure that your trademark doesn’t attract any dispute with your competitors.
Step 5:
Only after evaluating your trademark, you will get the chance to publish it online in the Indian Trademark Journal. This process is compulsory, as it invites any opposition against your mark. The opposition can get filed within 90 days from the publication date, and the time can be extended to 120 days, too, in some cases.
Step 6:
It is the last and final stage if no opposition is raised for your mark. Within the suggested period, if no one opposes, the Registrar of Trademark Registration in Mumbai will accept your request, and the Trademark Registry seal will show the acceptance. Once all this is done, you proceed with getting the official Trademark Registration Certification. Now, you are eligible to use the ® symbol next to its brand name.
Conclusion
Even with a trademark, you cannot prevent companies from selling or making the same goods as yours. At the same time, you put efforts into securing your brand’s image. You must also look closely to see its correctness when registering the mark online. With all of that, one needs to consider Trademark registration in Mumbai. It will do more good than one can imagine. It also safeguards your brand, which is the first thing you want.
