Obtaining Trademark Registration In Mumbai

The business landscape is constantly evolving and changing as it paves the way for new and innovative business ideas. And a city like Mumbai always encourages businesses and start-ups, especially unique, creative business concepts.There are several creative business enterprises flourishing and several others being set-up such as graphic designers, air brush artists, staging artists, jewellery and art designers, vintage collectors, designers and resellers, landscape and interior designers, and many more. Creative businesses have flourished from the beginning and several new creative businesses are starting-up too. However these creative businesses develop innovative concepts and ideas and the one challenge they face is unfair competition and plagiarism. But this obstacle can easily be managed by protecting the business via a trademark.

In fact, the overall purpose of trademark and its registration is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc. that uniquely distinguishes the goods or services of a business enterprise.

What Is A Trademark?

A trademark is a recognizable sign, design, or expression which identifies products or services of a particular activity. It is in the form of a logo, image, symbol, word(s), letter(s) or colour(s). It is a recognition of the company’s ownership of the brand. Trademarked products are considered as a form of property. Trademarks are often noted by way of ™, or ® if registered. A registration of a trademark gives the proprietor the right to exclusive use of the mark in respect of the goods or services covered by it. 

Trademark Registration In Mumbai

There are several reasons why a business in Mumbai must opt for a trademark registration. Some of the benefits of Trademark Registration in Mumbai or any other location in the country include-

• • Create An Identity
    • Trademark Registration helps businesses create an identity, and grow and can even act as an asset.  
  • Helps Identify The Business
    • A trademark helps identify the goods or service as well as the origin of it or the owner of the business.
  • Acts As Communication Tool
    • A trademark acts as an effective communication tool through which the business can communicate about its ideals, its products, and services. By opting for a trademark the business can obtain a brand or logo which acts like a medium through which the business portrays itself.
  • Helps Build Trust
    • A trademark helps make it easy for customers to spot the business, in an otherwise crowded marketplace. A trademark helps create an image and an identity for the business with which people can connect and identify easily. This recognition and recall value helps build trust along with a customer base, thus benefiting the business.
  • Acts As An Asset
    • The trademark acts as an invaluable asset for the business, including small businesses. Over time, the value of a trademark appreciates and the reputation of the business grows too. This can pave the way for the business to expand and diversify, moving from the core sector to related domains and fields. For instance a t-shirt making business can diversify into children clothing or men’s wear, etc.
  • Establishes Right Of The Owner
    • A trademark helps establish the legal right of the owner of the trademark to use it throughout the country or even globally.
  • Provides Legal Exclusivity
    • A trademark is one of the most cost-effective ways to ensure legal exclusivity for the use of a business name or its logo, etc. The proprietor of the Registered Trademark benefits from the selective right over the trademark. The proprietor can utilize the same for every one of the items falling under the class (es) submitted in the application. Moreover, the proprietor can enjoy the sole responsibility for Trademark and can prevent others from the unapproved utilization of the Trademark under a similar class where it is registered. It gives the privilege to prosecute the unapproved client of the Trademark Registered.

A Trademark also acts as a well known and recognised brand that attracts job seekers thus aiding the human resources aspect of the business. In addition to this, a Trademark Registration can be pledged as a security to secure loan facilities. 

Thus, in short, a trademark identifies the goods and services of a business as well as its origin. It also guarantees an unchanged quality of the business (service or product) while at the same time advertising about it. Additionally, a trademark creates a positive image for the goods and services.

These are just some of the several reasons why a business needs to have a trademark.

Therefore, through Trademark Registration a start-up or even an established business in Mumbai can reach out to a global audience.

Special Attributes Of Trademark Registration

A business can benefit from Trademark Registration as discussed above. Apart from the benefits listed above, there are several salient features that businesses need to know and learn of when procuring a Trademark Registration in Mumbai or elsewhere in the country.

• A trademark is an intangible asset.
• • • A registered trademark can be transferred. Also, on registering the trademark can be sold, licensed or assigned.
• With regards to making changes in the trademark application, the basic principle that applies is that the trademark applied for should not be substantially altered. This means that the physical form should not change, which in turn can affect its identity. Subject to this, changes are permissible according to rules.
• • The items that can be trademarked covers names, slogans, logos, phrases, word(s), letter(s) or colour(s) and similar identifiers that describe goods or services (i.e. the products).
  • A trademark once registered is valid for ten years. Upon expiry of this term, the trademark can be renewed with a prescribed renewal of the fees.
  • The classification of Trademark or the Trademark class represents a distinct set of goods and services. The application is made under 45 different classes as per the “Nice classification” for e.g. trademark class no 29 pertains to meat & meat extracts, fruits & vegetables, milk, and milk products, etc. While filing a trademark application, the class of goods and services to which the trademark pertains must be mentioned in the application.

Trademark Registration Process

Requisites For Trademark Registration

The process of Trademark Registration in Mumbai is a simple one that requires the applicant to provide basic information about the business, submit documents and follow the registration process. The list of documents differ slightly depending on whether the business is a Sole Proprietorship or a Partnership/LLP/Company. The details of procuring the Trademark Registration are as below-

• Information Required
• • • • The name of the business
      • The type of business entity, that is a Proprietorship concern, or  Partnership, or LLP, or Company
      • The type of business, that is, whether manufacturing, service, or trading
      • The contact details of the business and the applicant, including the address, contact number, and the email address
      • The name of the authorized representative of the business, that is, the applicant on behalf of the business)
      • A brief description of the products/services offered by the business

• Documents Required

• • In case of Sole Proprietorship concern

• • • • Copy of the logo, preferably in black & white (Optional)
      • Signed Form-48. It is an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
      • Identity Proof of the individual or Proprietor.
      • Address Proof of the individual or Proprietor
• In case of Partnership/LLP/Company
• • • • Copy of Logo (Optional)
      • Signed Form-48.  (It is an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf).
      • Udyog Aadhar Registration Certificate, if applicable.
      • Incorporation Certificate in case of a Company.
      • Registered Partnership Deed for Partnership Companies.
      • LLP deed in the case of LLP
      • Identity Proof of Signatory
      • Address Proof of Signatory
      • KYC documents of the business (PAN, Address proof)

• Process Of Trademark Registration

The process of applying for Trademark Registration in Mumbai is quite simple after the information and documents needed are known. The detailed process is as follows-

• • • • The Trademark registration can be filed with the Trademark Registrar.
      • The application must be made in the prescribed manner and filed along with the fee for Trademark Registration.
      • A Trademark Registration application must contain the following information:
        • Logo or the Trademark
        • Name and address of the trademark owner
        • Classification or Trademark Class
        • Date since when the Trademark was in use
        • Description of the goods or services
      • Once the application is filed with the Trademark Registrar, a trademark application allotment number is provided within one or two working days.
      • On obtaining a trademark application allotment number, the owner of the trademark can affix the ‘™’ symbol next to the logo.
      • Trademark Registrar now applies for the Vienna Classification to the trademark based on the figurative elements of marks, the status of the application reflects as “Sent for Vienna Codification”.
      • Once the Trademark Registration application is accepted by the Trademark Registrar, the proposed trademark is published in the Trademark Journal. The public gets an opportunity to object to the Trademark Registration if they believe they will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within a month to 12 weeks time.
      • Once there are no objections or oppositions for the Trademark Registration application, the trademark manuscript and Trademark Registration Certificate will be prepared and sent to the trademark application.
      • Once the Trademark Registration Certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or trademark.
    • Office Of Controller General Of Patents, Designs And TradeMarks
      • This office is the Government office controlling trademarks along with patents and designs, etc.
      • The address of this Government department in Mumbai is
        • Intellectual Property India, Patents/Designs/Trade Marks/Geographical Indications, Boudhik Sampada Bhavan, Antop Hill, S.M. Road, Mumbai-400037
      • The email address of this office is-
        • http://www.ipindia.nic.in/

How to register a trademark online?

• • • Select a trademark – Make sure that your trademark is unique and doesn’t infringe on an existing trademark
    • Research availability of the mark – After selecting your trademark, check whether they’ve already been registered. This will protect you from legal challenges later.
    • Identifying your goods and/or services – Once you’ve chosen your mark, you must make sure you can clearly identify the goods and services to which the mark will apply.
    • Register the Trademark – You can register for the trademark by yourself with the correct application form and required documents. Your trademark will be examined once you have filed an application. The application for trademarks registrations can be filled with the Trademark Registrar. Your application should include:
      • Name and address of the trademark owner
      • Trademark class
      • Description of the goods and services
      • Prior user affidavit in case the mark is already in use if any
    • Monitor your application – After you apply, you will have to wait for a while before your application can be reviewed and accepted.
    • Protect your rights – You are responsible for enforcing your rights if you receive a registration because the government does not police the use of marks. While the Trade and Merchandise Mark Act attempts to ensure that no other party receives a registration for an identical or similar mark for or as applied to related goods/services, the owner of registration is responsible for bringing any legal action to stop a party from using an infringing mark.

The Trademark Registration process is quite simple to understand but business owners might not find the time to complete it on their own or might require assistance for carrying out the procedure. In these situations they can always approach deAsra for assistance with it as well as for any information regarding the Trademark Registration in Mumbai.