Trademark Registration Process in Mumbai

8 Steps of Trademark Registration Process in Mumbai

Online Legal India LogoBy Online Legal India Published On 09 Jun 2022 Updated On 10 Jan 2023 Category Trademark

A registered trademark is a company's intellectual property or intangible asset, and it serves as a safeguard for the company's logo or brand investment. It recognises a corporation's ownership of a brand and identifies a product as belonging to that company.

Once a trademark is registered, it can be used with an R symbol, and it is valid for ten years from the date of registration. Once the trademark has expired, it can be re-registered for another ten years.

Who is Eligible for a Trademark Registration in Mumbai?

The owner of the trademark will be declared in the Trademark Registration Form. Generally, the person whose name is provided as the applicant is declared the owner of the trademark. A person, a company, or a limited liability partnership (LLP) can be an applicant and file a trademark registration application.

8 Steps of Trademark Registration in Mumbai

Trademarks registration in Mumbai can be in a variety of formats, including logo, label, wordmark, and device mark. As a result, deciding whether to register the trademark as a word mark or a logo is complicated.

 

The process of trademark registration is straightforward. The top 7 steps that are involved in the process of trademark registration in Mumbai are discussed below:

Trademark Search

When selecting a trademark, the applicant must use caution. Because there are so many various sorts of trademarks accessible, it's critical to do a public search on the Trade Marks Registry's trademark database to confirm that the trademark is original and that no other trademarks are similar or identical to her or his.

 

The trademark search reveals all sorts of trademarks, both registered and unregistered, that are currently accessible on the market. The search also determines whether the requested trademark is in competition with other trademarks in the same class.

File for the Trademark application

The trademark registration application in Mumbai can be filed in a single-class or multiclass format, based on the goods and services that the company provides.

Form TM- A is the trademark registration application form, which may be filed online, depending on the trademark's jurisdiction.

 

The application for trademark registration must be accompanied by a number of papers that explain the trademark for which registration is being sought. Furthermore, if the applicant claims prior use of the trademark, a user affidavit must be filed to support the claim, as well as evidence of prior use.

The Government authorities examine the Trademark Registration application

Following the filing of the trademark registration application in Mumbai, the Examiner is required to submit an obligatory examination report following an exhaustive investigation of the trademark application in accordance with the Trade Marks Act, 2016.

The authority's examination report may or may not reveal any concerns, which might be absolute, relative, or procedural. The Trademark Authority issues this examination report within 30 days of the filing of the registration application.

 

Within thirty days of obtaining the examination report, a reply must be prepared to outline the supporting evidence and reasons against any objections and request that they are waived.

After the examination is complete

If the Trademark Authority is not completely satisfied with the reply provided, or if the objections are not addressed, the Trademark Authority may schedule a hearing. After the hearing, the Examiner may accept the mark and then transmit the application to the journal for publication, or reject the application if any objections remain.

Advertisement of the concerned Trademark

When a trademark registration application in Mumbai is approved, it is advertised and published in the Trade Marks Journal for a period of four months. The purpose of the publishing and publicity is to encourage members of the public to file an opposition to the mark's registration.

Opposition to the trademark application

Any aggrieved party can file a notice to dispute the registration of the advertised/published trademark once it has been advertised and published in the journal. This opposition notification must be submitted using Form TM- O within four months of the trademark's publication in the Trademark Journal. If a trademark application is contested or objected to, the proper legal procedure must be followed, which includes filing a counter-statement application, providing proof, and holding a hearing in order to get the trademark registered.

Registration of the Trademark

The final stage in the process is registration, which occurs once the application has overcome any objections and/or resistance to the trademark registration.

Furthermore, if no objections to the trademark's registration were raised throughout the four-month advertisement/publication period, the trademark is awarded an auto-generated registration certificate within one week. The registration is valid for ten years after it is completed, following which it must be renewed within a certain time period.

Issuance of a Trademark Registration Certificate

The Registrar will approve your trademark application if no objections are lodged within the 90 days period, or if your trademark registration application is accepted after a trademark opposition hearing. The Registrar will then issue you with a Registration Certificate with the Trademark Registry seal.

After getting your certificate, you can immediately use the registered trademark symbol (®) with your brand name.

Documents for the Trademark Registration in Mumbai

The necessary documents that are required to be submitted for trademark registration in Mumbai are as follows:-

For Companies/LLPs/Partnership Firms

If the applicant is a partnership firm, all partners' names must be provided; however, if the applicant is an Llp, the trademark application must be filed in the Limited Liabilities Partnership's name. If the application is for a company, the state or country of the establishment must be included. They'll also want the whole registration address. The application should be there in the name of the Managing Trustee, Secretary, or Chairman in the case of a Society or Trust.

 

  • Any other type of application, such as the TM-A.
  • You'll need to have a digital signature certificate if you're submitting a trademark online.
  • Logo in soft copy.  You don't require a logo if you want to trademark a word.
  • Details of goods and services that require registration.
  • A translation into English will be necessary if the mark comprises or consists of non-English terms.
  • Form-48 gives a Trademark the power to file a trademark registration application on the applicant's behalf.
  • Certificate Of Incorporation or Deed Of Partnership 
  • Certificate Of Incorporation or Deed Of Partnership 
  • Certificate of Udyog Aadhaar Registration- Address Proof Of The Petitioner Identity

For Individuals or Sole Proprietorship

  • Form TM-A  
  • You'll require a trademark soft copy of the logo 
  • You may not need a logo if you want to trademark a word.
  • The detail of goods and services that need registration.
  • Translating into English will be required if the mark comprises or consists of non-English terms.
  • Form 48 has been completed and signed. Form-48 gives a Trademark the authority to file a trademark registration on the applicant's behalf.
  • The applicant's name, residence, and nationality are required as proof of the person or proprietor.
  • Aadhaar, PAN, or Passport copy of an individual or a business as proof of residence
  • India was the first country to utilise the trademark.

 

Conclusion

The registration of a trademark in Mumbai is more complex than it looks. By breaking it down into three stages and doing the majority of the work, Online Legal India has made it easy for you. To protect your company's logo, tagline, and brand, register your trademark now.

 


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