Trademark Registration in Mumbai

Trademark Registration in Mumbai

Starting or growing a business in Mumbai means stepping into one of the most competitive markets in the country. To stand out, you need more than quality products or services; you need a strong, protected brand identity. Your brand name, logo, or tagline is how customers remember and trust you. To protect the brand name and establish a strong position, you need to register your trademark in Mumbai. A registered trademark is a valuable asset that prevents others from misusing it.

The best part? The entire registration process is online from the comfort of your office at the official Intellectual Property (IP) India portal.

What is a Trademark?

A trademark is a mark that represents your brand. It can be a symbol, design, name, or combination. It helps people to recognize your products or services to distinguish it from the rest of others.  For example, the Nike logo, Nokia’s ringtone, etc.

Who Can Apply for a Trademark Registration in Mumbai?

• Individual
• Sole Proprietorship
• Partnership Firm
• Limited Liability Partnerships
• Private Limited Company
• Public Limited Company
• One Person Company
• Trust
• Society

Benefits of Trademark Registration in Mumbai

• Exclusive rights: A registered trademark gives you legal ownership of your brand name, logo, or tagline across Mumbai and all of India.
• Builds trust: A registered trademark adds value and credibility to your business, which makes your brand appear professional and trustworthy to customers.
• Easy market recognition: A trademark helps customers to quickly identify your products or services. It differentiates your brand from competitors and builds long-lasting recognition.
• Useful for business expansion: A registered trademark in India can help you obtain protection in other countries, making international expansion smoother and faster.
• Legal protection against unlawful use: Trademark registration allows you to take legal action against anyone who copies or misuses your brand identity. You have the right to file the infringement suit in the court of law in case of unlawful use.

Basic Conditions for Trademark Registration in Mumbai

Before you apply for a trademark in Mumbai, it is important to make sure your brand name, logo, or slogan meets the basic eligibility conditions set by the Indian Trademark Office.

1. Your trademark must be unique and distinctive - Your brand name or logo should be different from any other existing trademark. Search the IP India database before filing to make sure no one else is using a similar name or logo.
2. Your trademark must be visible and representable - A trademark should be something that can be seen, printed, or displayed, such as a word, logo, image, label, or symbol. NOTE: Smells, tastes, or ideas cannot be registered as trademarks in India.
3. Your trademark should clearly relate to your business - The trademark should help customers understand what your business offers, but it should not directly describe your product or service.
4. Your trademark should not be offensive, misleading, or confusing - The name or logo should not hurt religious or cultural sentiments, nor should it create confusion with another brand. Avoid words or images that could offend any group or community.
5. Avoid using common or generic words - You cannot trademark words that are commonly used to describe a product or service, like using the word “Milk” for milk producing company.
6. Do not use restricted or government-related symbols - National symbols, flags, emblems, official seals, or government-related words such as “President,” “Prime Minister,” “Government of India,” or “Ashoka Chakra” are protected symbols and cannot be owned or used for private business purposes.

Documents Required for a Trademark Registration in Mumbai

You need the following documents for the trademark registration in Mumbai:

1. Trademark/Logo/Wordmark

2. Applicant’s Details:

• Name, address, and nationality of the applicant
• Type of applicant (Individual, Company, Partnership, etc.)

3. Details of Goods or Services

• A clear description of goods/services for which the trademark is sought
• Identification of the relevant class based on NICE Classification (1 to 45)

4. Power of Attorney (Form TM-48)

• Authorizes a trademark agent or attorney to file on the applicant’s behalf
• Must be duly signed and executed on stamp paper

In the case of:

5. Individual or Sole Proprietorship

• PAN Card or Aadhaar Card of the applicant
• Proof of business address, such as rent agreement, lease deed, and utility bills for 2 months, etc.)

6. Partnership Firm/LLP

• Partnership Deed or LLP Agreement
• PAN Card of the firm
• Authorization letter (if one partner is signing on behalf of others)
• User affidavit

7. Private Limited/Limited Company/OPC

• Certificate of Incorporation
• Company’s PAN Card
• Board resolution or letter of authorization to file the application

8. Trust or Society

• Registration certificate of the trust/society
• Trust deed or governing rules
• Authorization from the trustees or management body

9. Optional Documents (If Applicable)

• MSME or Startup India Certificate - To avail of a 50% discount on government fees for trademark application.
• Translation or Transliteration - Required if the trademark is in a language other than English or Hindi.
• User Affidavit: If your trademark has already been used before applying, submit a user affidavit with proof of use.

Online Process of Trademark Registration in Mumbai

1. Do the Trademark Search on the IP India portal to check whether your trademark is registered or not.

2. As per the Nice Classification, trademarks are categorised into 45 classes based on the type of goods or services. Identify the class(es) that represent your mark.

3. Prepare the Trademark application in the Form TM-A and add the following details:

• Your name, your address, trademark image or text, list of goods/services, date of first use (if any)
• identity proof, business proof (incorporation certificate, partnership deed as applicable), logo/design file
• Goods or services associated with the trademark.
• Description of the trademark
• Date of first use of the trademark, if applicable

4. Go to the IP India e-filing portal, register or log in, and select the trademark section. Upload your filled form TM-A and supporting documents, and attach the Power of Attorney (Form TM-48) if an agent is filing the trademark application.

5. Pay the application fees.

6. Once you submit the application, the Trademark Office will examine the application. If there are any objections, you have to respond to the objection within 30 days.

7. After examination, your application will be published in the Trademark Journal for 4 months to allow others to oppose the trademark registration.

8. If no opposition is filed or if the opposition is resolved in your favour, your trademark is registered.

9. You will receive a Registration Certificate for your trademark. After registration, you can use the ® symbol with your trademark.

Validity and Renewal of Trademark in Mumbai

After your trademark is successfully registered, it remains valid for 10 years from the date of application. The good news is that you can renew it as many times as you want.  

Trademark Renewal Process

• Form TM-R: To renew a trademark, the applicant must file Form TM-R with the prescribed government fee. This should be done before the trademark's expiry date. A grace period of 12 months after expiry is also available, subject to payment of additional fees.
• Once the Trademark is renewed, it will again remain valid for another 10 years.

Why Choose Kanakkupillai for Trademark Registration in Mumbai?

Are you thinking about registering your trademark in Mumbai but are not sure where to start? Don’t worry, Kanakkupillai is here to make it easy for you!

You must know that trademark registration involves several steps. You have to choose the right class and prepare a set of documents to file the trademark application. Our expert team takes care of everything so you can focus on growing your business. We provide:

• End-to-End Assistance: We manage the entire process from trademark search to final approval with complete care and accuracy.
• Experienced Professionals: Our team understands trademark laws and ensures your application is filed correctly the first time.
• Select the perfect class: We help you pick the right class for your goods or services.
• Prepare documentation: We handle the entire documentation process