Trademark Registration in Mumbai – A legal term relating to intellectual property is trademark registration. A trademark is a logo, name, or brand that an individual or business uses to set its goods and services apart from those of rivals.
The trademark might be a word, phrase, image, or any combination of these. A trademark serves to distinguish a specific good or service from others.
The Trademarks Act of 1999 regulates the legal procedure of trademark registration in Mumbai. You can prevent people from using your trademark without your permission by registering it. After registering it under the trademarks act, you are the legal owner of that logo, name, symbol, or brand.
In the process of registering a trademark, you must go through several stages, and the government must follow up with you on time. Here, we’ll discuss and review the trademark registration procedure in Mumbai.
Get A Quote
Who is eligible for trademark registration?
All the above are eligible and can apply for trademark registration in Mumbai. They can use the “TM” symbol after the trademark registration will approve.
Some Important points to be considered by applying for trademark registration in Mumbai:
- The mark should be Unique
- The mark may be a single word, logo, picture, or mixture of any of these.
- The mark may have a three-dimensional shape as long as it is not a consequence of the object’s or container’s purpose.
- The mark should not be descriptive. They are considered to be weak trademarks.
- The mark cannot be deceptive, such as using gold for silver items.
- The mark cannot be a well-known surname or place name. like Pune or Sharma
- The mark cannot be a part of a country’s flag or another person’s ancestral device.
All the above points must be considered before applying for trademark registration in Mumbai.
Documents required for the Trademark registration in Mumbai
The following points are mandatory for applying for Trademark registration in Mumbai:
- Identity Proof of the Owner (Like Passport, Voter Id, Aaddhar card, etc)
- Copy of Trademark
- Provide the Partnership Deed or Certificate of Registration (COR) in the case of a Limited Liability Partnership or a Private Limited Company
- provide address verification (all recent utility bills)
- Udyog Aadhar registration
- Power of Attorney must be signed by the Applicant
- Form 48 must be properly signed.
Form 48 – This document serves as the applicant’s authorization for a trademark attorney to submit a trademark registration application on their behalf.
Benefits of Trademark Registration in Mumbai:
In addition to being unique, a trademark should be simple to use, promote and sell your products, and establish brand recognition for them. The following are some advantages and benefits of trademark registration in Mumbai for the owner:
- Legal Protection: When a trademark is registered, it is given legal protection because it is deemed to be intellectual property and is therefore protected from misuse. An exclusive right to use a trademark in connection with the “Class” of products or services it represents is also granted by trademark registration.
- Asset Creation: A registered trademark involves the development of an intangible asset, or intellectual property, for an organization. A certified brand is a long-established right that can be bought, given away, franchised, or have its commercial use restricted.
- Product distinction: Registrations for trademarks are unique to the goods or services they represent. A trademark will allow you to distinguish your product from that of your rivals. Customers may distinguish products with different trademarks in a distinctive way, building a customer base for your product.
- Brand awareness and recognition: Consumers relate a product’s performance, quality, features, etc. to the business that produces it. They use the product’s logo, which is a registered trademark, to identify it widely. Your products and services will be more easily recognized if you register your trademark. As a result, your brand has gained recognition and value in the market. Brand recognition invites new clients while retaining devoted ones.
- Builds Trust and Goodwill: The established nature of your goods and services is recognized by everyone through the trademark, and it develops trust and support with customers in the market. It helps to create loyal, lifelong customers who consistently choose the same brand.
- Unique Right: A registered trademark’s owner is given priority rights over the mark. The owner may use the same for all goods falling under the chosen category. Additionally, the owner can enjoy sole ownership of the trademark and can stop others from using it illegally in the same class for which it is registered. It offers the ability to file a lawsuit for unauthorized use of a registered trademark.
- Assurance for ten years: Online trademark applications are meant for very little upkeep. You just need to pay the maintenance fee and renewal cost after registering your trademark for ten years. It saves money and helps your business create a distinctive image.
The procedure of Online Trademark Registration in Mumbai
Following are the procedure for the online trademark registration in Mumbai
Step 1. Select the Trademark: Selecting a specific name necessitates a short research procedure to make sure you are not selecting a brand name that is already in use. The best aspect about this is that you may create or invent certain terms using a combination of generic phrases to give yourself a distinctive brand name. Bizcruise experts will help you to find out the availability of your searched trademark.
Step 2. Application preparation for trademark: The trademark application may be submitted to the Registrar of Trademarks once the trademark search is complete. Online trademark applications are available, the following supporting papers must be submitted with the application:-
For sole proprietorship businesses: PAN and Aadhar cards are acceptable forms of identification to submit. The address evidence for a corporation must be submitted in the case of individuals.
Soft copies of trademarks.
The proposed mark’s proof of claim (if applicable) may be utilized in another nation.
The applicant must sign a power of attorney.
Submitting a brand name registration application: Once you upload all the documents on the government portal you will get an immediate receipt of recognition on the official website. You can use your TradeMark (TM) symbol next to your brand name once you’ve received your recognition
Examining the process of trademark registration application: When the application is submitted, the Registrar of Trademarks will review it to see if you adhere to certain conditions and that your brand name complies with the law. Additionally, there should not be any likeness to or identity with any already registered or pending trademarks.
Publish the trademark in the Indian Trademark Journal: Your brand name will be published in the Indian trademark journal following the inspection process by the Registrar of Trademarks. There should be no objection within three months, or 90 days (or 120 days in some situations), from the date of publication. This is unquestionably the most crucial phase of trademark registration. The Registrar of Trademarks will proceed with issuing the Trademark Registration Certificate if there is no opposition.
Trademark Opposition: A third party may potentially decide to oppose your application. In that scenario, you must provide the Registrar with a counter-statement within two months outlining why the opposition is invalid. Your response will determine whether the Registrar decides to reject the opposition or schedule a hearing.
Trademark Objections: If there is no trademark opposition, you will not be subject to this phase.
The Registrar of Trademarks will, however, provide your copy of the counter-statement to the third party opposing trademark registration if your trademark is opposed by a third party and you send your counter-statement within two months. You and the third party must both provide supporting evidence for your claim. After the submission of the evidence, the Registrar will offer you and the third party the chance to be heard. The Registrar will issue a decision regarding the trademark application’s acceptance or denial following a hearing from both parties and consideration of the available evidence. Your trademark registration will be issued if the Registrar of Trademarks accepts your application.
Issue of Trademark Registration Certificate: After all the above steps have been completed, the registrar will issue the trademark registration certificate. Now you can use your trademark registration in your brand name.
Why choose Bizcurise for Online trademark registration in Mumbai
- Choosing the best trademark class for a product or service through consultation
- Report on brand name search report.
- .We fill out the necessary paperwork and submit it to the registrar.
- We inform you frequently till the registration procedure is finished.
- All of your questions will be addressed by our experts.