Things to Remember before you register a trademark:
i) Trademarks can be applied for both goods and services. However, it should be able to discern between one company’s goods and services and those of another.
ii) It should be used in relation to products or services so as to indicate a link in the course of commerce between the goods or services
iii) Both graphical marks, as well as audio-visual marks (smells and sounds) are eligible for trademarks under the Act.
iv) The period of validity is 10 years from the date of registration of the trademark and has to be renewed within 6 months before the date of expiry.
Things required: Filing a Trademark application in Mumbai
i) Identity and address
ii) TM user affidavit (in case the trademark is already in use by the applicant)
iii) Trademark or logo copy,
iv) Company details,
v) Products or services which are to be registered
vi) A signed copy of the power of attorney on a ₹100 stamp paper
vii) First date of using the trademark before getting or applying for registration
Process: Filing a Trademark application in Mumbai
- Before filing an application to register a trademark, a trademark search should be run for the relevant classes to ensure the non-existence of identical trademarks and protect it from objection. The ‘Public Search’ (ipindiaonline) is the official website available for this purpose.
- There are 45 classes of Trademark. Before applying for registration one needs to know under which section or class your product falls.
- Filing of the application for registration can be done in both ways at Pune: Offline mode, in the office of the Trademark Registry or even in the online mode.
The Candidate is required to fill the relevant form, i.e., ‘Form 48’ available on the Trademark’s registry’s website. Any mistake or omission on the form will result in an objection and a delay in the procedure.
4. The applicants are provided with a TM Application No after the office has verified the credentials. Using the application number, the status and progress of the application may be checked online, and the ™ mark may be used on the symbol as well.
5. If the trademark has figurative elements/logo, a Vienna Code is assigned. It is a worldwide classification. The status of the trademark application is ‘Sent for Vienna Codification’ during this procedure.
6. Once the filing process begins, the trademark can be objected to during scrutiny followed by a notice from the registrar. The notice has to be responded to within 30 days with necessary changes and arguments supporting your case.
7. In case the above claims are rejected again, a hearing shall be scheduled for re-examining the credibility of the application.
8. If the application is approved it shall be published in the weekly trademark journal for 90 days to invite oppositions/objections from third parties. If such an application is forwarded to the applicant via the registrar, they once again need to furnish the necessary evidence.
9. If the response is convincing, a trademark shall be granted, otherwise, a hearing shall be conducted with both parties.
10. When you will pass through all these stages, and if the application is approved then you can start using the ® symbol which indicates that the Trademark has been registered. The entire process can range between 18-24 months in Maharashtra (Mumbai).