Trademark Registration in Mumbai Explained

We immediately think of its brand and provider when we think of a product and even recall the iconic jingles, logos, and colour scheme of the product packaging.

Today, product owners and manufacturers are well aware of the significance of a trademark and the rights conferred on the owner upon registration of such a trademark. Hence, it becomes essential for every business owner to opt for trademark registration in Mumbai and other regions.

What is a trademark?

Trademark is a mark that effectively aids in identifying a product by distinguishing it from other goods and services of the same class. When there is market competition, it helps to identify the product.

According to Section 2(ZB) of the Trademark Act of 1999, a trademark is a mark capable of graphical representation and distinguishing goods and services owned by one person or an entity from others.

The primary function of a trademark is to distinguish itself from other brands in the same class of goods and services.

A trademark protects a symbol, word, phrase, design, logo, or combination of these elements. It gives a product an identity representing a source of goods or services. Trademarks are governed under and protected by the Trademark Act of 1999 and common law in India.

The Trademark Act makes it optional to register your trademark. However, once registered, a trademark provides its owner with legal rights and protection for ten years, extending this period upon renewal.

A trademark's advantages include ease of marketing, creating a distinct identity, and serving as a source identifier.

What is trademark registration?

Trademark registration is critical for a company or starting a new business or trade. The company's logo, name, or signature should be the first thing that distinguishes it from the competition. So, it should be kept safe from others.

The Trade Marks Act of 1999 makes trademark registration a legal process.

Process of registration of a trademark

The trademark process registration is straightforward to register a trademark for your company. Anything crucial for a business, such as a symbol, mark, or signature, should be registered so that others do not misuse the company's assets.

In India, the court decided on trademark infringement based on the evidence presented by the parties. In the 1980s, the shoemaker wanted to stop a company selling foam materials under the same name. "How would the individual know that the company is not producing foam?" the judge wondered.

The judge reasoned that customers would not inquire about the manufacturer from the seller. Even though the classes were completely different, Bata won the case.

Cadbury owns three trademarks that include the word "eclairs." Also, they own the purple wrapper that no one can use for chocolates. However, because all three names were not in use, ITC won the case.

Before registering a trademark, one must understand and take precautions, as this can result in a court hearing.

The following is a step-by-step procedure for that:

Documents needed

• The registration requires a soft copy of the logo in JPEG format.
• TM 48 Form of Authorization
• Name and address of the Mark owner, or names of all partners if the firm is a partnership.
• Fees associated with registration.

Available trademarks

• Sections 9 or 11 of the Trade Marks Act should not be similar to an earlier trademark:
• Symbols
• Colour combinations, or even a single colour combined with a word or device, as defined in Section 10
• Monograms
• Sounds like Mark

The registration application should contain the following:

• The class(es) of goods/services for registration is required.
• The proprietor's name and address
• Trade Description of a Proprietor
• Agent/Attorney Specifics
• Trademark text that will get registered.
• The location where a trademark has been registered

Term of trademark registration in India

Section 23 of the Trademark Act governs mark registration, as amended in 2010. The amendment added a clause to the provision that states that once an application is accepted and not opposed, or if opposed and decided in favour of the applicant, unless otherwise directed by the Central Government, the Registrar must register the trademark within eighteen months of applying.

Trademark registration is a lengthy process, typically taking 18-24 months if a third party files no opposition.

Trademark Renewal in India

Trademark process registration in India can get renewed after completing the trademarked term, which extends for an indefinite period by paying the renewal fees, failing to remove the mark from the Register of trademarks. Each term of renewal is for ten years.

The following is the process of registration of a trademark for renewal in India:

If accompanied by the required renewal fees on the prescribed form, a request to renew a trademark in India can get filed within six months before the registration/renewal term expires.

In India, a request to renew a trademark can also be filed six months after the registration/renewal term if accompanied by the required late renewal fees on the prescribed form.

To Conclude:

Trademark registration benefits a business; it creates a distinct brand image and gives businesses the legal right to fight infringement. The procedure for registering a trademark necessitates legal knowledge.

You can consult with an expert if you want to register a trademark for your company or wants assistance in trademark registration in Mumbai.