An Overview of Trademark Registration in Mumbai
In India, Mumbai is the largest urban conglomerate, and it has the different benefits of being the commercial capital of India. So there are many start-ups which are coming from this state. So, the demand for Trademark Registration is also high. Trademark Registration in Mumbai can be attained by a legal entity or any individual. Even Overseas Entities or Nationals can apply for Trademark Registration in Mumbai. Trademark is deemed to be an asset for the company. So, it is vital to get a Trademark Registration to create a company's identity. For the procedure of Trademark Registration, you have to follow several steps; in addition to this, it also requires timely follow-up from the Government.
What can be trademarked?
Following are the things that can be trademarked:
A word that is not directly expressive of the quality or nature of the products or services. For instance, Google is a word that has been trademarked.
- Product Name
Many companies registered their products' names. For example, MacVeggie, McMuffin, etc. All product names of McDonalds Corporation have been trademarked.
- Person Name
The name of a person or an individual can also be registered if the person earns through such name, or such a person or individual can allow his or her name to be used by any other individual or person. In this case, the candidate has to give a No Objection Certificate from the person whose name has been used. For example, Shah Rukh Khan, John Cena, etc.
In India, running a business in the name of family. Trademark on surnames on which business is running can be taken. For example, TATA, Mahindra, etc.
- Symbols or Logos
If anyone has a particular logo or symbol for their brand or product, or service, then such symbol or logo can be trademarked under the Trademark Act. However, the logo or symbol should be unique because such symbols or logos create their identity.
It is used to specify the idea behind the product or service. Nowadays, most businesses have a unique tagline for their products or services. The tagline should be simple and easy to remember. It represents the brand or company, and hence it can be trademarked.
- Abbreviation or Numbers
One can have a Trademark on numbers, abbreviations, letters, or combinations that are used for business and are able to differentiate the products or services provided by one person from another. For example, BMW, 555, etc.
Who is Eligible for Trademark Registration in Mumbai?
An application for Trademark Registration in Mumbai can be made by:
- Private Firms;
- Companies such as LLP (Limited Liability Partnership), OPC (One Person Company), Private Limited Company, Public Limited Company, Partnership Firm, etc.
Note: In the matter of LLP and NGOs, the Trademark has to be applied for Registration in the name of the proposed company or a business.
Any individual pretending to be the Trademark owner used or intended to be applied by them may apply in written in a proper manner for the Trademark Registration in Mumbai. The application should comprise the Trademark, the products or services, the name & address of the applicant, along with the PoA (Power of Attorney), the time of use of the mark. The application for Trademark Registration in Mumbai should be in Hindi or English, and it should be registered at the suitable Trademark Office. The applications can be submitted separately at the Front Office Counter of a specific office or can be sent by post.
Benefits of Trademark Registration in Mumbai
Following are some essential benefits of Trademark Registration in Mumbai:
- Provide Legal Protection
An owner of the registered Trademark has the exclusive right to sue anyone who tries to copy, use, sell, or distribute a registered Trademark without any permission of the original owner.
- International Filing of Trademark
A Trademark that is filed & registered in Mumbai is also allowed to file in other countries where they want to expand their business. Further, foreigners can also get a Trademark registered & filed in India.
- Distinguishing Products
Registered Trademark helps the customers to determine about the products quickly. They can distinguish among different types of products as the products tend to build an identity for themselves.
- Promotes Products and Services
Trademark Registration represents the company's face or the products and services. This serves to distinguish and promote a brand or product creation. Most of the companies or businesses get their identity by Trademark, so it plays an essential role in increasing & promoting the brand or product value.
- Creation of Intangible Asset
The Trademark can be a precious asset in case your brand creates a name & succeeds. Trademark Registration in Mumbai makes it an intangible asset that can be distributed, traded, franchised, or commercially contracted.
Documents Required for Trademark Registration in Mumbai
Following are some essential documents required for Trademark Registration in Mumbai:
- PAN Card;
- Identity Proof;
- Address proof with the prominent place of business in Mumbai;
- Certificate of Registration (in case of a company);
- Logo and Brand Name intended to be registered;
- Submit an affidavit;
- Submit any proof of Trademark use like documents showing certificates, invoices, Registration;
- Start-up or MSME Recognition;
- Duly signed Form TM-48 indicating the Power of Attorney for Trademark filing;
- Submit payment proof of filing fees.
Procedure of Trademark Registration in Mumbai
Following is the procedure of Trademark Registration in Mumbai:
- Trademark Search
This is the first and most crucial step before starting the process of Trademark Registration in Mumbai. You can take help from an expert regarding Trademark Search.
- Filing of Application
Once you confirm that the Trademark is not similar to any other registered Trademark, then you can file the application for the Registration. You can make an application by yourself or through your registered agent at the Trademark Registry head office in Mumbai. For making the application by the Trademark attorney, Form48 and TM1 are prepared for consent, and the applicant has to sign this.
- Examination of Application
During this examination process, the examiner would inspect the application for any discrepancies. Generally, this process takes 12-18 months. After this process, the examiner can accept the application completely, conditionally, reject or object. If the Trademark application is accepted or approved by the examiner, then the application will be published in the Trademark Journal. If the examiner didn't accept the Trademark application, then the same would be informed to the applicant with some conditions. Then the applicant should fulfil all such conditions within a month. Only when the applicant fulfils the given conditions, the Trademark or name would be published.
However, the applicant can make an appeal concerning the Trademark Registration in Mumbai. After the hearing, if the Trademark Registry feels that such a Trademark should be permitted to be published in the Trademark Journal, the same should be allowed.
- Issuance of Registration Certificate
If there is no objection or opposition, then the Trademark Registration will be prepared and issued. Only after the Registration Certificate is issued.