Trademarks are governed by the Trademark Act,1999 and are considered as intellectual property. This means, if you have registered your Trademark with Government, you can protect it from infringement & copying. So Trademark registration in Mumbai is important if you want to prevent others from copying your Trademark and preserve your rights.
This blog will help you understand the Trademark, Trademark Registration process in Mumbai, and all the other requirements. So let’s get started
Items that can be Trademarked
When you register your Trademark, you shield your Business, your creative ideas, and your Brand. Creating a Brand involves a lot of mental & physical hard work, years of toiling, and great ideations. So it becomes critical to prevent others from taking undue advantage of your years of work.
As per the Trademark Act 1999, multiple items can be Trademarked. Let’s take a look at these items.
- Your Business Logo
- Any Graphic that identifies your Business
- Any Word
- Any Letter
- Any Number
- Any Sound
- Any Smell
- Any Colour or mix of Colour
- Any Phrase
Thus, if you are using any of the above items for your Business and it identifies your Brand, you can get it Trademarked easily
Trademark Registration Process In Mumbai
You can register your Trademark by submitting a duly filled application form to the Trademark Registry. Trademark registry is a functional or operational body of the Trademark Act 1999. This body implements and manages all the regulations related to the Trademark Act 1999. You will have to follow the following steps to register your Trademark.
1. Chose a Unique Trademark
You must choose a unique Trademark that reflects your business operations. Remember that you do not copy any existing Trademarks as the Registry will reject a copied Trademark outright. There are 45 classes of Trademarks, and You will also have to choose the right one for your Business. Out of these 45 classes, 34 are reserved for products, and the rest are for services.
2. Trademark Research
Your Trademark search doesn’t end here. Once you chose your Trademark, make sure to visit the Controller General of Patents and Trademarks’ website. Here, check whether there is any same or similar registered Trademark like yours. If there is already a Trademark that is similar to yours, make sure you make necessary changes in your Trademark.
This is a time-consuming and tedious process. So we would recommend taking an assist from some expert. They will do all the hard work for you while you focus on your core Business.
3. Application filing
Once you have finalised the Trademark, the next step is to apply with the Trademark Registry. Here you get two options: register your Trademark under just one class or register your Trademark under all classes. For both options, forms and fees are as follows:
- For the first option, you will have to fill form TM-1. The fees for this option is INR 3500.
- For the second option to register the Trademark for multiple classes, you will have to fill form TM-A. Here there is two fees structure.
- If you are a Start-up, Small Business or sole proprietor, the application charges are INR 5000.
- If you do not fall in any of the groups, as mentioned earlier, the application charges will be INR 10,000.
Documents for Trademark Registration
- Copy of your Trademark
- Signed Form-48
- Identity and Adress proof of the individual (in case of Proprietorship)
- Identity and Adress Proof of the signatory ( in case of Company)
- Udyam Registration (if applicable)
- Partnership deed (if applicable)
- Incorporation Certificate (if applicable)
Importance of Trademark Registration
Building a Brand is not easy. It takes years, sweat, blood and tears to create a unique identity in the Market. If someone steals this unique identity, it will have an extremely adverse impact on your Business. So it becomes critical to protect and shield your individual identity. Trademark Registration ensures all your Hard work stays secure & your unique Brand identity remains intact.
Benefits of Trademark Registration
- Legal ProtectionIt gives your Business legal protection from the unauthorised use of your Registered Trademark. You can claim for relief if someone infringes your Trademark by filing a case in Court.
- Brand identityA registered Trademark gives your Brand a unique identity amongst the competitors. When many similar products or services are available in the Market, you must have something that distinguishes you from others.
- Asset CreationA Trademark is considered as an intangible asset in the eyes of Income-tax. You can rent, sell or franchise your Trademark and earn a substantial amount from it.
- GoodwillA unique Trademark boosts the Goodwill and reputation of your Business in the Market. It helps your retain your existing customers, creates trust and ensures Growth.
Trademark Registration At Our Mumbai Office
The process of Trademark registration in Mumbai needs a lot of paperwork and precision while filling details. It is necessary to follow all the steps mentioned earlier to ensure a smooth and quick registration. Any erroneous application will delay your registration, or your application might also get rejected.
Fortunately, we are here to simplify the whole process for you. Our experts are skilled and well-versed with the process of Trademark Registration. They know the entire process in and out so you won’t have to worry about mistakes while applying. They will assist you throughout the process and ensure that your application gets the earliest behest approval.
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