A legal company or any individual can register a trademark in Mumbai. It is possible for foreign nationals or corporations to apply trademark registration through agent. A trademark is viewed as a valuable asset by the business. For this reason, registering a trademark is crucial for giving the business a distinct identity. In addition to requiring you to fulfill a number of processes, trademark registration also necessitates prompt government follow-up. Legal Raasta will quickly review the Mumbai trademark registration procedure here.
When a petition of trademark registration is made on the grounds that a mark is recognized as a well-known one, market share statistics can be provided as proof of use by major companies. Market share information cannot be utilized to support a trademark application if the applicant is a small business, in which case it is meaningless.
Advertising expenses incurred for a minimum of three years prior to the application filing date may be included as proof of use. Evidence of advertising expenditures should be divided down and filed under several headings, such as trade publications, radio, newspapers, and television. The Registrar will take into account by two key factors:
Sales turnover numbers can be shown as proof that a trademark is being used. Sales turnover is often calculated based on sales of products or services sold under the trademark within a five-year period prior to the application date. If the usage period is shorter, the trademark application needs to be supported by a sizable turnover during that time.
Documents such as price lists, invoices, brochures, catalogs, and advertising can be used to bolster a trademark application and provide evidence of the mark's usage and associated products and services. Every exhibit that is presented needs to be dated earlier than the application date.
It is possible to register domain names as trademarks. Additional websites and domain names may also be utilized to verify proof of use. If a domain name or website is provided as proof of usage, it must demonstrate that the appropriate products or services have been made available for purchase underneath the domain name. Therefore, applied trademark use may occur from the popular use of a domain name on websites that sell goods or services.
Submissions of evidence of usage may also take the form of testimonials from third parties or industry experts attesting to the unique qualities of the trademark. These declarations or supporting documentation may come from trade and professional organizations, chambers of commerce, or individual customers.
Surveys from customers may be used as proof of usage. The surveyor must take care, nevertheless, to ensure that the questions asked, the sample chosen, and the survey's scheduling all adhere to trademark regulations.
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