Intellectual PropertyTrademarks

What Is The Trademark Registration Procedure In Mumbai?

The procedure for applying for a trademark is similar across the country. However, applying in Mumbai (which is one of the cities where there is a Trademark Registry Office) is slightly more advantageous.

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As the largest urban conglomerate in India, Mumbai has the distinct advantage of being the commercial capital of India. If you are starting a business here, a trademark adds some extra value as the competition can be cut-throat. In this post, we discuss how you can get your trademark registered in Mumbai.

Consider Getting Your Trademark Registered Early

Securing early rights over your trademark can go a long way in making a way for exclusive brand identity. It also offers protection from potential infringements by restricting others from its usage.

Online and Offline Filing of Trademark in Mumbai

The Indian Trademark Act of 1999 allows a business or individual to register a trademark in India. Trademark registration reforms have been successfully implemented in India in the last two decades. These changes ensure a smooth registration process through a single-window system.

An applicant in Mumbai has the option to file the trademark both online and offline.

  • The online method was introduced by the government to make the trademark process hassle-free and easy. This has led to a reduction in the time of granting approvals to the trademarks and logos
  • The head office of the Trademark Registry in Mumbai also provides for physical and offline filings for the trademark.

Basics to Know Before Initiating Trademark Registration

  • On the company’s part, the proprietor, partner, or director applying must have exclusive ownership to use the trademark
  • This trademark can be a logo, slogan, shape, or packaging of goods
  • It can even include sound, smell, colour combinations, etc., which gives the brand a distinct identity.
  • In India, unconventional marks such as sound marks can also be registered Take, for instance, the jingle of PayTM, the ICICI bank tune, the KBC sound. These sounds are unique and identify the business
  • In India, a registered trademark is valid for 10 years. This can be renewed every 10 years, perpetually. The renewal request has to be filed within six months before the expiry of the last registration of the trademark.

How Do I Know if a Mark Is Unique or Already Registered?

Since trademarks are based on exclusivity, one needs to ensure that there isn’t a pre-existing similar mark. Moreover, there are several online tools to check whether a trademark has already been registered. Vakilsearch also has a free tool to evaluate existing trademarks: Trademark Search

Another option is to avail of our trademark registration service. Once you do, our experts will do a deep search and give you a report on the availability of the trademark. If it is not available we will request you to change to a unique mark before we go ahead with registration.

GET TRADEMARK REGISTRATION

Documents Required for Trademark Registration in Mumbai

  1. Identity proof
  2. PAN card
  3. Address proof with the principal place of business in Mumbai
  4. Certificate of Incorporation
  5. Brand name & logo intended to be registered
  6. Affidavit
  7. Proof of trademark use – such as documents showing invoices, registration, certificates
  8. MSME or startup recognition
  9. Signed Form TM – 48 signifying the power of attorney for trademark filing
  10. Proof of payment of filing fees

 Process of Registering your Trademark in Mumbai

  • You can make an application yourself or through your registered agent at the Trademark Registry head office in Mumbai
  • Before doing so you need to ensure that your trademark is unique through a trademark search
  • The application must mention the class(es) under which you are applying. Trademark classes broadly classify all goods and services into 45 classes. You need to be extra careful in choosing the right class as it will decide the extent of protection. This listing can be checked at Trademark Registry or on the website
  • Once the application is submitted, it is subjected to multiple levels of scrutiny by the Registrar
  • If there are any issues with the first round of scrutiny by the Registrar, they send you an objection notice stating the issues
  • You should respond to this within 30 days of receiving the notice, making necessary corrections and putting forth arguments supporting your case
  • After this, the Registrar publishes your mark in the Registry and third parties are allowed to oppose your claim over the mark during this time
  • If someone wants to oppose, they send an opposition notice to the Registrar which is then forwarded to you. For this too, you need to send a response with necessary arguments and evidence
  • If the opposition response is convincing enough, your registration will be granted. If not, they might call for a hearing to hear both sides of the case before deciding.

This whole process could take around 18 months to complete.

How Vakilsearch Can Help You

With Vakilsearch, you can register your trademark in 3 simple steps –

  1. Our experts conduct a thorough search of the trademark directory
  2. Next, they discuss classes under which you need to apply and file applications accordingly
  3. Until registration of the trademark, you keep receiving regular updates.

When can you start using the ‘TM’ and ‘R’ symbols for your business in Mumbai?

On filing the application with Vakilsearch, one can start using the ™ symbol within 24 hours. However, the registration process takes up to 15-18 months. After receiving the registration, the owner can use the Ⓡ symbol, signifying registration, alongside the trademark.

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