In all states, obtaining a trademark follows a similar process. Although, applying in Mumbai (which is one of the cities with a Trademark Registry Office) is slightly more advantageous.
Since it is the largest urban conglomerate in India, Mumbai has the distinct advantage of being India’s commercial capital. There is a lot of competition here, so a trademark will add some value to your business. Learn how to register a trademark in Mumbai in this post.
Trademark Registration Is A Good Idea In Advance
Early brand identity can be secured by securing trademark rights early on. Moreover, it provides protection against possible infringements by restricting access to the content.
Trademark Filing Online And Offline In Mumbai
Indian Trademark Act, 1999 allows businesses and individuals to register trademarks. India has successfully implemented trademark registration reforms over the past twenty years. An easy registration process is facilitated by a centralized registry.
Mumbai applicants can file their trademarks both online and offline.
- The government introduced the online method to simplify and expedite the trademark process. The approval time for trademarks and logos has been reduced due to this
- At the Trademark Registry’s head office in Mumbai, trademark applications can also be filed physically and offline.
Before Registering A Trademark, Here Are Some Things You Need To Know
- An exclusive ownership interest in a trademark must be held by the proprietor, partner, or director applying for it
- Logos, slogans, shapes, and packaging for goods can be trademarks
- The sounds, smells, colors, etc., of a brand can also aid in identifying it.
- Consider the PayTM jingle, the ICICI bank tune, or the KBC sound. In India, you can also register trademarks that are not conventional. Sonic identifiers can also be registered.
- In India, trademarks are valid for 10 years after registration. Renewal is permitted indefinitely. In order to renew a trademark registration, it must be requested no later than six months before its expiration date.
What Are The Ways To Check If A Mark Is Unique Or Already Registered?
It is crucial to ensure that trademarks are not similar to those already registered, as trademarks are based on exclusivity. Additionally, there are several online tools that can be used to check whether a trademark has already been registered. Additionally, experts offer a free tool for evaluating existing trademarks: Trademark Search.
We also offer trademark registration services. We will then do a deep search and give you a report on the availability of the trademark. Before we proceed with registration, we will require that you change to a unique mark if it is not available.
Registration Of Trademarks In Mumbai: What Are The Documents Required
- Id proof
- PAN(Permanent Account Number) card
- Document proving the principal place of business is in Mumbai
- Incorporation certificate
- Registration of a brand name and logo
- Documentation showing trademark use – invoices, registration, certificates
- Recognition of MSME or startup companies
- A power of attorney TM – 48 has been signed by the attorney
- Proof of filing fees paid
How To Register A Trademark In Mumbai?
- You may make an application yourself or through your registered agent at the Trademark Registry head office in Mumbai
- Using a trademark search, you can determine if your trademark is unique
- If you are applying for a specific class, you must specify it in your application. There are generally 45 trademark classes. Your protection will be determined by the class you select, so you have to be careful. Visit Trademark Registry or the website for more information.
- The Registrar scrutinizes the application on numerous levels once it is submitted
- In case there are any issues with the first round of scrutiny, the Registrar sends you an objection notice
- In response to this notice, you should correct any errors and provide arguments supporting your claim within 30 days
- Third parties may then contest your claim after the Registrar publishes your mark in the Registry.
- Those who wish to oppose send a notice of opposition to the Registrar, which is forwarded to you. You will need to provide any evidence and arguments that you need.
- Upon receiving a convincing opposition response, your registration will be approved. Alternatively, they may hold a hearing to hear both sides of the story.
- For this process to be completed, it may take 18 months.
How VakilSearch Can Help You
The Vakilsearch trademark registration process involves three simple steps –
- The trademark database is thoroughly searched by our experts
- Then they discuss the classes you need to apply for and how to do so
- Until the trademark is registered, you will receive regular updates.
If You Have A Business In Mumbai, When Can You Start Using The TM And R Symbols?
As soon as the application is filed with experts, you can use the TM symbol. The registration process takes approximately 18 months. Once the trademark is registered, the owner may use the R symbol alongside the trademark.