Procedure for Trademark Registration in Mumbai – A Complete Guide

As we already know, Mumbai is one of the most populated cities globally, which was earlier called Bombay. Mumbai city is considered the financial center of India, and most of the business houses and corporates function in Mumbai. This city is known as “City of Dreams” and “City of Opportunities” because many people came to Mumbai from various states of India to fulfil their dreams and also in this city, availability of the resources is very easy and very high population density which led to an increase in business opportunities.

Every business functioning in Mumbai is recognized by a distinctive and unique brand name, and that name must be registered to claim the brand ownership legally. In legal terms, we called that brand name “Trademark”. A Trademark is an intellectual property that is considered as the goodwill of the business. Thus the trademark registration is essential and vital, so to register your brand name, you need to follow the complete procedure for Trademark Registration in Mumbai. In this blog, we discuss the procedure for Trademark Registration in Mumbai.

Meaning of Trademark

Before we discuss the procedure for Trademark Registration in Mumbai, let first discuss the term “Trademark”. A Trademark can be defined as a name, logo, sign, symbol, or word representing the brand of a specific company or business. In simple meaning, a Trademark is a symbol or a brand that represents the business of an organization or an individual. But, a Trademark is used by one party to be similar to the other party’s brand. A Trademark is used by an organization or individual to create a unique or distinctive identity and differentiate its products or services from its competitors.

Importance of Trademark Registration in Mumbai

Registration of a Trademark in Mumbai is an essential and highly suggested concept in the era of India. Most of the startups which are situated in Mumbai are being misguided about the importance of Trademark Registration. Due to the increasing number of business startups, there is a fair chance that someone may use your brand name intentionally or unintentionally to steal your brand fairness. If someone copies or misuse your brand name and successfully registered it before you, then he or she will be the legally rightful owner of that brand, and you will be rightfully forced to stop using that brand name. Though there is a speedy growth of business startups in Mumbai, the alertness regarding the Trademark Registration in Mumbai is very fewer due to which one may lose his or her brand name. So it is essential to register your mark or brand name, but you need to understand the procedure for Trademark Registration in Mumbai.

The Trademark Registration office in Mumbai is controlled by the Controller General of Patents Designs Trademarks, Government of India and Ministry of Commerce & Industry. The increasing advertisement through various mediums such as digital marketing, newspaper, television, etc., increased the alertness towards Trademark registration in Mumbai.

Who is Eligible for Trademark Registration in Mumbai?

Before starting the procedure for Trademark Registration in Mumbai, you must know who can apply for the registration of Trademark. You can check the same below:

• Individual.
• Sole Proprietorship.
• Company (Private Limited Company or Public Limited Company)
• Partnership Firm.
• HUF.

Once the registration of the Trademark is successfully done, one can start using a TM symbol. The minimum time required for Trademark Registration is around 18 to 24 months. After the registration, the validity of Trademark is for ten years, and after that, it can be renewed.

Vital Documents Required for Trademark Registration in Mumbai

Before commencing the procedure for Trademark Registration in Mumbai, you need to arrange all the vital documents required at the time of registering a trademark, and you can check the same below:

• Submit a copy of a brand logo or symbol or name applied in JPEG format.
• The trademark authorization form.
• Date of first use of the Trademark.
• Full name and detailed address of the applicant.
• Registration Fees.

What is the Procedure for Trademark Registration in Mumbai?

Below you can check the steps and procedure for Trademark Registration in Mumbai:

• Step 1: The first step is to choose a brand name for the products or services offered by the company. The brand name should be unique or distinctive and must not be similar to any other registered brand name. The brand name may contain a logo, tagline, symbol, combination of words, etc.
• Step 2: Once you are done with name selection, the next step to file a Trademark application. The application for Trademark Registration can be attained from the regional office of the Trademark Registry, Mumbai, with the prescribed cost. Once you fill the application, you have to submit the same along with the related documents. Following are some supporting documents required:

1. In case of a company, submit Incorporation Certificate.
2. Submit identity proof and address proof of the applicant in other case.
3. The image of the logo or brand must be in a standard size.
4. If the Trademark is being used by anyone else, provide the evidence.

• Step 3: After filing the application for Trademark Registration, the next step is to submit the same with the Trademark Registrar, which can be done through physical filing or e-filing. In the physical filing, the applicant needs to visit the Trademark Registration office in Mumbai and submit the application form with the relevant documents. Once the applicant submits the application form, they will get an Acknowledgement Number within 15-20 days of filing the application form. In e-filing, the applicant needs to visit the Trademark Registration Mumbai’s website and submit the application form along with the relevant documents. Once the applicant submits the application form, they will get an Acknowledgement Number within a few minutes. After receiving the number, one can start using the “TM” symbol next to its brand name.
• Step 4: After submitting the application form, the Registrar will examine the application. The Trademark Registrar check if the applied Trademark complies with the country’s law and it is not similar to other registered brand names. It also makes sure that the Trademark doesn’t create any dispute among competitors.
• Step 5: Once the examination is done, the brand name is published online in the Indian Trademark Journal^[1]. This is done to find out if someone has an opposition against the published Trademark. The opposition can be filed before 90 days from the date of publication. In some cases, the time limit may be tended to 120 days.
• Step 6: If no one raises any opposition within the suggested time, the Registrar of Trademark in Mumbai accepts the application for the Trademark Registration along with the Trademark Registry seal. After getting the Trademark Registration Certificate, the applicant can use the ® symbol nest to its brand name.

Also, Read: Process of Trademark Search in India – An Overview

Conclusion

The above-mentioned procedure can be strictly followed in order to apply for trademark registration in Mumbai. The trademark registration process could be a complex task, and it would require the efficacy of a professional. Therefore you are recommended to seek the help of a legal professional who will guide you through the procedure for Trademark Registration in Mumbai.