Trademark Registration in Mumbai: Types, Eligibility, Steps to Apply

Regarded as an intangible asset, a trademark is a type of intellectual property that distinguishes a company from the rest. It safeguards the identity of a company's products and services and allows a company to exercise rights by prohibiting others from using a similar trademark.

Mumbai has the largest population and the highest GDP. It accounts for 70% of the country's capital transactions. Therefore, it is a thriving business destination. All businesses in Mumbai must register for a trademark to protect their brand. Keep reading to get more information about trademark registration in Mumbai.

Several trademark types are registered in Mumbai, some of which are as follows:

• Product Mark: Classified under trademark class 1-34, a product mark is a type of trademark certified to products or goods of an organisation. These trademarks represent the origins of the products. So, they establish a good market value and reputation for an organisation.
• Service Mark: A service mark is another type of trademark used to register non-product items or services of an organisation. The applications for service marks are filed under the trademark class 35-45 and are used to represent the service providers.
• Shape Mark: This type of trademark registers a specific shape of certain products/goods to make such products identifiable to the consumers. Such trademarks graphically represent the features of a product and the manufacturer associated with it.
• Sound Mark: This trademark provides ownership rights over distinctive sounds or tunes to an organisation. To acquire a sound mark, all applicants must provide original evidence of a sound they intend to register.
• Pattern Mark: Known as the identifier of a particular trade source, a pattern mark is another common trademark for protecting a particular product pattern. These trademarks are only certified for products having unique patterns and are indistinctive.
• Certification Mark: The certification mark represents a product’s standard of quality met by a proprietor. These marks are issued to products, tested and certified to be high quality. Besides quality, these marks represent the product’s material, origin and other characteristics.
• Series Mark: Another type of trademark used in Mumbai is the series mark which represents a wide range of products owned by a company. Companies having products of a similar name but different characteristics should apply for the series mark.
• Geographical Indicators Mark: A geographical indicator mark denotes a unique nature of a product. It has a specific geographical origin. Manufacturers of agricultural, natural or handicraft products register for such trademarks.
• Collective Mark: Collective mark represents distinguished characteristics of products or services collectively owned by a group of individuals. These marks help to notify consumers about a collaboration of traders from an association, a public institution or a Section 8 company.

Section 13 of the Trademark Act 1999, considers that all goods and services should be classified into trademark classes before registration. There are 45 trademark classes in India, out of which 34 are for categorising goods and the rest for services.

The categorisation of goods and services into trademark classes represents the classification of trademark registration. Each category has its specific registration process. Therefore, one has to choose an appropriate trademark class to facilitate the process of brand name registration in Mumbai.

This classification of goods and services into trademark classes is done in accordance with the type of trademark.

Listed below are the entities eligible for trademark registration in Mumbai:

• Individuals/Sole Owners
• Joint Owners
• Partnership Firm
• Proprietorship Firm
• Limited Liability Partnership
• Society/Trust
• Indian Company
• Foreign Company

Each of the entities has its own specific set of requirements when it comes to their registration.

Given below is a list of documents required for trademark registration in Mumbai. These are as follows:

1. For Individuals or Sole Owners/Proprietors

• Copy of the logo
• Trademark application form with signature
• Trademark description (listing the goods/services)
• Identity proof
• Address proof

2. For Partnership Firms/Companies

• Copy of logo
• Trademark application form with signature
• Trademark description
• KYC documents of all partners
• GST form of the firm (if any)
• Partnership deed or certificate of incorporation
• Contact information

3. For Limited Liability Partnerships

• Copy of logo
• Trademark application form
• Digital signature certificate (if applied online)
• Trademark description
• KYC documents of the signatory
• Attested copy of LLP and incorporation certificate
• Udyog Aadhar Registration Certificate

4. For Trust/Society

• Copy of logo
• The trust deed and registration certificate
• Address Proof
• Identity Proof
• Contact information

You must keep all the necessary documents handy to ensure a smooth trademark registration process.

One can apply for online trademark registration in Mumbai through the website of Intellectual Property India. Given below is a step-by-step guide on how to register a trademark online.

Step 1: Visit the official trademark search portal of Intellectual Property India. Enter the required details and click on Search to initiate a trademark search of the database.

Additionally, several other digital platforms in India offer trademark data search services.

Step 2: Go to the official e-filing portal to apply for trademark registration along with all the required documents.

Step 3: An examiner from the Indian Trademark Registry will conduct an evaluation of the application form and all the documents. The registry will issue an examination report, either mentioning concerns or approving the application. If this report contains any objections from the registry, you must provide evidence against it.

Step 4: The registry will publish your trademark application in the Trademark Journal to let the public raise any opposition against the trademark.

Step 5: If anyone raises an opposition against your application, you will have to provide evidence along with a counter-statement.

Step 6: Once you overcome all the objections and oppositions, the registry will issue a registration certificate granting you the trademark rights.

Trademark registration is a time-consuming and complicated process involving government follow-ups and reviews on several grounds. However, to ensure hassle-free trademark registration in Mumbai, follow the steps below with due diligence.

Step 1: One has to conduct a detailed trademark search with a clear understanding of the trademark class of their goods and services.  Trademark search avoids potential infringement issues arising due to the existence of any similar trademark.

Step 2: After searching the trademark data, one must register their trademark. One can apply for brand registration in Mumbai by filing their application and submitting it to the Mumbai Registrar's Office of Trademark.

Step 3: Following the application, the trademark authority conducts an investigation. Furthermore, they issue an examination report containing any concerns or objections against the application. An applicant must provide evidence against these objections within 30 days of issuance.

The applicant will further require approval for trademark registration from the said authority. Otherwise, the application will stand rejected.

Step 4: The Trademark Journal will publish the trademark as an advertisement. It is to give other individuals an opportunity to raise opposition.

Step 5: If an individual raises an opposition against the registered application, the applicant must provide a counter-statement and evidence against the opposition. When one overcomes all objections, the applicant receives the Registration Certificate with the Trademark Registry seal.

Follow the given steps to check a trademark application status:

Step 1: Go to the official website of IP India Trademark.

Step 2: Click on the ‘Trade Mark Application/Registered Mark tab’.

Step 3: Select the option ‘National/IRDI Number’.

Step 4: Enter ‘Trade Mark/Application Number. Then type in the captcha/code correctly.

Step 5: Click on the ‘View’ button.

Finally, here you can see all the particulars and status of your trademark application completion.