Trademark Registration in Mumbai– Process, Cost, and Documents Required

Introduction

Mumbai is India’s financial capital, and with an ever-expanding economy, has long been a place filled with different businesses. Trademark registration in Mumbai is extremely necessary; since it helps you protect your brand’s name, logo, symbol, or a combination of all these. If you do not have a trademark, consumers cannot distinguish between your products or services and your competitors.

No business wants its goodwill to be taken advantage of, if your trademark is not registered, you may have to change your symbol or slogan in the future if somebody else registers a similar trademark; this can lead to losing a lot of your consumers and their goodwill! In this article, we will explain everything that you need to know about trademark registration in Mumbai.

What is a trademark?

A trademark, also popularly known as a brand name or logo, is a visual marker that is used by brands to separate or differentiate their products and services from those of others. A trademark can be a symbol, a word, a mix of alphabets and numbers, or a tagline combination of colours (in some situations even unique smells and sounds!).

What can be a trademark?

It is vital to know what can be trademarked. There are 3 important criteria that need to be fulfilled for a visual marker to be eligible for trademark or brand registration in Mumbai:

• the mark should be one that can be represented on paper (except when smells or sounds are trademarked).
• the mark should be unique enough to be able to differentiate one brand from another.
• the mark should be used with goods and services during trade.

Reasons why you should go for Trademark Registration in Mumbai

While it is not mandatory, every business is advised to register their trademark, to effectively protect their brand. In a city like Mumbai where there is a lot of competition, protecting your brand is a necessity for any business. Here are the various benefits of Trademark registration in Mumbai:

• Primarily, once you register your trademark, you are the only one who can use it. This means that you can stop anyone else from using the same trademark. Moreover, you can also stop people from using a trademark similar to yours.
• Secondly, as the exclusive user of the trademark, you can get into assignment contracts. Via an assignment contract, you grant someone else permission to use your trademark in return for money or royalty. Hence, a Trademark becomes an additional asset for your company
• Finally, all registered trademarks get access to easy legal redressal mechanisms. Courts in India generally protect the interests of registered trademark holders.

Documents Required for Trademark Registration

The following documents required for Trademark Registration in Mumbai:

• Proof of Applicant: Documents such as PAN, Address Proof of applicant, and Certificate of Registration/Incorporation in case of applicants other than individuals.
• Brand Name/ Logo/ Slogan: You have to provide the details of the Trademark that you are trying to register.
• Proof of TM Use: Documentary proof such as invoices, registration certificates, etc. with the brand name/Logo.
• MSME/Start-up India Certificate: This works as proof of business. Additionally, partnership firms and body corporates (other than an individual) can avail 50% rebate on Government fees if they provide their MSME OR Start-up India registration certificate.
• Power of Attorney: You have to file TM-48. It is a legal document that allows a Trademark attorney to file the Trademark on your behalf with the Trademark registry.
• Board Resolution: Additionally, for private limited or public limited companies, it is mandatory to provide a board resolution from all the directors that allowed the company to apply for a Trademark. Private limited and public companies can only apply for a Trademark after receiving the approval.
• User Affidavit: Moreover, for claiming specific user data, you have to submit a user affidavit. The Trademark you are registering decides whether you need this. Your Trademark Attorney will ask for it before application submission.

Process of Trademark Registration in Mumbai

The Trademark registration process is quite detailed and requires the help of legal experts. Legalwiz.in can help you finish the Trademark submission process within 4 days. Any individual or organisation can apply for trademark registration in Mumbai. This includes foreign nationals as well as non-profit organisations. For logo registration in Mumbai, follow these steps:

Preliminary steps:

• First, you have to pick the apt Trademark class for registration of your goods or services.
• Secondly, you need to check if anyone else has already registered a similar Trademark. To check, you have to use the IP India Trademark website.
• Thirdly, you have to fill out and submit a Trademark application either at the Trademark Registry or online on the IP India website. You can start using the TM symbol next to your Trademark after successful submission.

After Submission:

• The fourth step is for the Registrar to examine your Trademark and evaluate if it’s appropriate for Trademark Registration. They will either raise objections or approve the Trademark. In case of objections, you need a Trademark Attorney to file replies. You can also choose to not submit any reply and abandon the application.
• Once approved, the Trademark is published in Trademark Journal. Any person who feels that this Trademark is similar to their Trademark is required to file an opposition within 3 months from publication. If you receive opposition, once again you need a Trademark Attorney to file replies to it. The Trademark registry will evaluate your replies with the other party’s statements and decide if you can register your Trademark. You can also abandon the application at this point by not filing any replies.

Final Step:

• Finally, you will receive your registration certificate if there is no opposition or if the Trademark registry finds your replies to the opposition to be satisfactory. After this, you can use the ® symbol next to your Trademark.

Every Trademark is valid for 10 years, after that you have to renew them. You can renew a trademark any number of times.

Note: There is a massive difference between TM and R symbols. You can only use the R (®) symbol for a registered Trademark. However, you can use the TM (™) symbol for any unregistered trademark. The R symbol has a lot more benefits attached to it.

How to check Trademark Class

The first step for applying for any trademark application is picking the correct trademark class. You can simultaneously apply for TM registration in Mumbai under multiple classes. There are 45 trademark classes under which you can register a trademark. You are only granted protection within the class you apply to. For example, if you register a trademark under the class for fashion apparel, no other business can use or register a similar Trademark for fashion apparel or related items. However, someone in a completely different class, such as for pharmaceutical products, will be able to register and use a trademark similar to yours. Hence registering under the right class or classes is very important.

How to check TM Application Status

Following are the steps to check your Trademark status: 

1. Go to IP India online website.
2. Select Trade Mark Application/Registered Mark from the left-hand side menu.
3. Select National/IRDI Number.
4. After that, enter your Trademark Application Number, enter the captcha, and click on View Button.
5. Now you should be able to see your Trademark Application Status. There will also be an alert showing the next steps.

Fees & Cost for Trademark Registration in Mumbai

TM Registration in Mumbai carries two types of costs:

1. Government Fees: The government fees depend on the type of business structure of the entity applying for Trademark Registration. Government fees are INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, generally, the fee is INR 9,000 (Exceptions exist for businesses with MSME or Startup India registration).  
2. Professional Fees: This varies from service provider to service provider.

Here are LegalWiz.in’s Packages for Logo registration in Mumbai:

You may also be interested in this article: Trademark Registration in Pune– Process, Cost, and Documents Required

Conclusion

In the dynamic business environment of Mumbai, safeguarding your brand through trademark registration is not just advisable; it is imperative. This article comprehensively outlines the process, costs, and required documents for effective brand registration in Mumbai, the financial capital of India. In a city known for intense competition and a burgeoning economy, registering your trademark becomes a strategic necessity. It ensures exclusive usage rights, transforms your trademark into a valuable asset, and provides efficient legal remedies. Open to individuals and organizations, both local and international, the eligibility criteria include graphical representation and commercial use for goods or services.