Get to know about the steps of the GST registration process
29 Jul, 2024
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
The necessary documents that are required to be submitted for trademark registration in Mumbai are as follows:-
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.
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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