Mumbai, India’s commercial and startup hub, is home to a vibrant ecosystem of brands, entrepreneurs, artists, and innovators. Whether you're launching a food brand in Bandra, a fintech startup in Powai, or a fashion label in Lower Parel — protecting your brand identity is not just smart, it's essential.

A trademark is one of the first intellectual properties you should secure when launching a business. In this article, we’ll walk you through everything you need to know about trademark registration for Mumbai-based startups and brands, step-by-step.   

🔍 What is a Trademark?

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A trademark is a recognizable sign, word, logo, symbol, or a combination that identifies your brand and differentiates it from others. Trademarks can include:

• Business names

• Logos

• Slogans or taglines

• Packaging

• Sounds or jingles

• Domain names (under certain conditions)

In legal terms, a trademark gives exclusive rights to the owner to use it for specified goods or services under specific classes.

🏙️ Why Trademark Protection Matters for Mumbai Brands

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Mumbai is a melting pot of cultures, industries, and businesses. With thousands of new ventures launching each year, competition is fierce. Here's why registering a trademark is critical:

• Protects your brand identity

• Prevents others from copying or misusing your name or logo

• Builds customer trust and credibility

• Adds value to your startup (especially important for funding or exit)

• Grants legal protection across India and potentially international markets

• Helps in franchise and licensing deals

✅ Who Can Register a Trademark?

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The following entities can apply for trademark registration:

• Individuals (including sole proprietors and freelancers)

• Startups (registered under DPIIT or otherwise)

• Private limited companies

• LLPs and partnerships

• Trusts and NGOs (if the mark represents their activities)

In Mumbai, many startups begin as unregistered entities. You can still apply for a trademark in your own name and later assign it to your company once incorporated.

📦 What Can Be Trademarked?

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Commonly trademarked items for Mumbai-based startups include:

• Business names (e.g., "Zomato")

• Brand logos (e.g., the Airtel swirl)

• Taglines (e.g., “Just Do It”)

• Product names (e.g., “Mi” for Xiaomi phones)

• Mobile app icons

• Restaurant names or packaging designs

• Unique fonts, shapes, or 3D signs

📝 Step-by-Step Guide to Trademark Registration in Mumbai

1. 🔍 Trademark Search

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Before filing, conduct a comprehensive trademark search to ensure no one else is using the same or similar mark.

This includes checking:

• The Indian Trademark Registry database

• Common law trademarks (brands in use but not registered)

• Domain names and social media handles

Why this matters: Filing a mark already in use can lead to objections, litigation, or cancellation.

2. 🏷️ Choose the Right Class

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Trademarks in India are classified into 45 different classes under the NICE Classification system:

• Classes 1–34: Goods (e.g., food, electronics, clothing)

• Classes 35–45: Services (e.g., marketing, IT, legal services)

A digital agency may register under Class 42 (tech services), while a fashion brand will apply under Class 25 (clothing). Choose the correct class based on your core business activity.

Tip: You can register under multiple classes if your brand spans different sectors.

3. 📄 Prepare the Application

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You’ll need the following:

• Applicant details (name, address, nationality)

• Trademark details (word, logo, slogan, etc.)

• Class number

• Description of goods/services

• Date of first use (if any)

• Power of attorney (if using an agent)

If your brand is already in use, mention the date of first commercial use. Otherwise, it will be considered a proposed to be used trademark.

4. 🏛️ File the Trademark Application

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Trademark applications can be filed:

• Online through the IP India portal

• Offline at the Mumbai Trademark Office located at:

  • Boudhik Sampada Bhawan, S.M. Road, Antop Hill, Mumbai

Once filed, you’ll receive a TM Application Number. You can start using the ™ symbol immediately after this step.

5. 🕵️ Examination by Trademark Office

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After submission, the application undergoes formal examination by a Trademark Examiner. They may:

• Accept the application

• Raise objections (under Section 9 or 11) for similarity or descriptiveness

If objections are raised, you’ll need to file a reply with arguments and evidence (like marketing material or invoices). If not resolved, a hearing may be scheduled at the Mumbai office.

6. 🗞️ Publication in the Trademark Journal

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If accepted, your mark is published in the Trademark Journal for 4 months. This allows third parties to oppose the registration.

If no opposition is filed, the process moves forward. If opposed, a legal proceeding will begin to determine who has a stronger claim.

7. 📜 Trademark Registration Certificate

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If there’s no opposition or you successfully defend it, your trademark will be registered, and you’ll receive the Trademark Registration Certificate.

You can now use the ® symbol, signifying that your mark is legally protected.

📆 Validity and Renewal

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A trademark registration is valid for 10 years from the date of application and can be renewed indefinitely every 10 years.

To renew, you must file a renewal application before the expiration. Missing the deadline can lead to cancellation and loss of rights.

📂 Costs of Trademark Registration (Indicative)

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Startups registered with DPIIT enjoy reduced government fees. If budget is a concern, you can file on your own but be prepared to handle objections or hearings.

📚 Common Mistakes to Avoid

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• Filing without a proper search

• Using generic or descriptive names (e.g., “Mumbai Foods”)

• Choosing the wrong class

• Not responding to objections on time

• Using the ® symbol before registration

• Assuming common use = protection

🤝 Hiring a Trademark Consultant

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While it’s possible to file a trademark yourself, a local consultant or IP attorney in Mumbai can help:

• Conduct thorough searches

• Choose the right classes

• Draft solid responses to objections

• Represent you in hearings

• Ensure legal compliance and renewals

This is especially useful for startups looking to build a long-term, defensible brand.

🌐 International Protection

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If you plan to expand globally, consider filing:

• Through Madrid Protocol (India is a member)

• Separate applications in countries of interest

A registered Indian trademark can act as a foundation for foreign filings.

📍 Why Trademarking Early is Smart for Mumbai Startups

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Mumbai’s market is fast-moving, highly competitive, and media-rich. By trademarking early, you:

• Secure your brand before someone else does

• Prevent legal disputes down the line

• Build investor confidence

• Increase brand value in mergers, licensing, or funding rounds

Think of it as insurance for your brand identity.

🏁 Final Words

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Trademark registration may seem bureaucratic, but it’s one of the most strategic moves a Mumbai-based entrepreneur or brand can make. In a city buzzing with innovation, making your brand legally yours is not just an option — it’s a necessity.

From Vada Pav brands to AI startups, your name, logo, and story deserve protection. Start early, file smart, and build a brand that not only thrives but endures.

Created & Posted by Twinkle Jha

Operations Head at TAXAJ

TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/Business, Trademark & Brand Registration, Digital Marketing, E-Stamp Paper Online, Closure of Business, Legal Services, Payroll Services, etc. For any further queries related to this or anything else visit TAXAJ

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