A trademark is a distinctive identity that distinguishes your business, product, or service from the competition. Your company's intangible assets and intellectual property are registered trademarks. It safeguards the financial commitment to winning your consumers' loyalty and trust. The registration allows you to sue those who attempt to use a similar trademark to yours and forbids others from doing so.
Did you know? A trademark search can assist in determining the distinctiveness of your trademark and safeguard you against the opposition.
Mumbai Trademark Registration
Any individual or legal body can register a trademark in Mumbai. Even foreign individuals or organisations are eligible to register a trademark in Mumbai. The company's trademark is viewed as an asset. As a result, registering a trademark is crucial to giving the business a unique identity.
To register a trademark, you must go through several stages, and the government must follow up with you on time. Here we shall look at the trademark registration process in Mumbai.
What is the Process of Trademark Registration in Mumbai?
Trademark is also known as a brand name symbolising word signature, name, device, label, numerals, or combination of colours used by one company on goods, services, or other articles of commerce to set it apart from competing products or services of a different company. Legal prerequisites for trademark registration under the Act are:
- The chosen mark should be able to be graphically displayed (that is in the paper form).
- It should be possible to tell one business' products or services from rival businesses.
- To show a relationship in the course of commerce between the products or services and someone who has the right to use the mark with or without that person's identity, it must be used, or proposed to be used, concerning those goods or services.
Following the Trademark Act, trademark registration in India enables the applicant or trademark owner to protect their brand or logo. The prevention of trademark duplication is another benefit of trademark registration.
How can I Register as a Trademark in Mumbai?
Step 1: Launch a trademark search as the initial step.
Step 2: Second step comprises making an application for Trademark Attorney. Form48 and TM1 is prepared for verification and applicants are required to sign
Step 3:The third step is trademark filing with the registry, where the Trademark fee for registering of small business or startup is ₹ 4500
Step 4: When trademark registration is done and it is processing, it is important to verify the status of trademark application periodically. In case of issue a reply has to be submitted in 30 days by the applicant.
Online Trademark Process in Mumbai
Search for trademarks
It is advised to conduct a trademark search before filing a trademark application in order to learn about any similar or active trademark applications that are listed alongside the status of the proposed application.
Choice of classes
There are 45 different classes of trademarks in total; before submitting an application for registration, you must determine which section or class your product falls under. Every brand has registered itself under a certain category. Make sure you are aware of the category your goods fall under when you are looking.
Application submission (get TM number)
After completing Form 48, you will obtain a TM number that will allow you to conveniently track your application as well as begin using the TM symbol.
After the filing is complete, you must use the TM symbol on your trademark.
The Government will process the application within a year of the filing being finished. Additionally, if the trademark is found to be identical to an already registered trademark, it may be refused or opposed to.
The complaint against the Mark
A trademark application may be challenged during verification, therefore you should be sure the trademark doesn't already exist before continuing. If your trademark is challenged, you have 30 days from the objection to present your defence.
If the officer rejects your application, you must submit the necessary supporting documentation to refute the objection. The paperwork will be sent if the registrar is pleased. However, if it is again rejected, a hearing will be set up at which you must present the facts and argue your case for approval.
Releasing a journal
If the application is approved, it will be 90 days before it appears in the Trademark Journal. An individual has the chance to fundraise for the opposition during such time.
You can begin utilising the ® symbol, which denotes that the trademark has been registered when you have completed all of these steps and the application has been approved. The entire process, which might take a year or two, is dependent on the government.
Counterfeiting a trademark
It represents unlawful trademark use. If somebody is caught doing these, they will be given notice that their use of the trademark must stop.
Documents necessary for registering a trademark in Mumbai
- Scanned copy of the registration certificate
- Trademark application, and a signature.
- Voter ID, passport, or driver's licence scan
- JPG Format for Brand Name and Logo
How long is Trademark Registration valid for?
Trademarks have a ten-year lifespan and must be renewed before expiring. Because it is common for people to neglect to renew their trademarks, the registrar sends a note to remind them. A trademark may be renewed up to six months before it expires. If somebody fails to renew their trademark before it expires, it also stands a danger of being canceled. If there isn't a request for use or renewal of the trademark, the status will be displayed as "abandoned." One well-known company, Sony, neglected to renew its trademark for well-known games like Bloodborne and Kill Strain. However, sooner or later, everything turned out as planned.
Benefits of Using Trademark Registration in Mumbai
Trademark search is usually a lot more complicated than people assume and cannot be done on your own.
You will have to redesign all of your business cards, stationery, advertising, and signs if you don't register and subsequently discover that another firm already has the same or a name that is quite similar to it. You will also need to modify any domain names you may already have registered.
Responsibilities of Registered Owner
Choose not to register, and there is already a registered owner of a mark identical to or similar to yours. That owner will have endless time to track you out and file a lawsuit against you for trademark infringement.
Loss of Clients
You risk losing clients and confusing them if numerous establishments share the same name.
Option to Expand
If you don't register, you risk losing the ability to grow outside your current geographic market.
Benefit from Exclusive Rights
Trademark registration enables the owner to get exclusive rights and utilise the mark appropriately. The organisation is classified as a legal entity when the registered trademark is arguably the most important factor.
An enrolled trademark may be pledged as security, which means that it may be used to secure advanced offices.
Discover yourself overseas
Some foreign countries allow registered trademarks, which can lead to business expansion.
People prefer to work with brands. Thus, trademark registration helps to make the company into a brand in its own right, which in turn helps to recruit human resources.
Trademarks aid in free competition by preserving a company's reputation and giving it a distinctive identity. We have discussed the various stages involved in trademark registration, the different sorts of legal recourse available in trademark infringement cases, and the multiple things that can be used as trademarks and thus registered.
In a nutshell, we now know who registers trademarks and what paperwork is needed to file a trademark application. One should be aware of how crucial yet beneficial trademark registration may be, and one ought to register their brand as soon as possible.
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