Trademark Registration in Pune– Process, Cost, and Documents Required

Introduction

Pune, the 2nd largest city in Maharashtra; has become a hub for IT-based startups. An educational hub with a young population, many new ventures are started in Pune every day. Trademark registration in Pune lets businesses protect not only their brand name it also helps them expand. Also, trademark registration is also a positive marker for investors considering investing in a company.

What is a Trademark?

A trademark refers to a symbol or any distinctive identifier that serves to distinguish the products or services of one brand from those of others. Usually, people opt to trademark their logos, giving rise to the popular term “logo registration.” For instance, the term “Mercedes” serves as a trademark, differentiating their cars from those of other brands or individuals. Trademarks cover a broad spectrum, including logos, patterns, words, and phrases, also, interestingly, fragrances can be trademarked in certain cases. The regulations governing trademarks in Pune fall under The Trademark Act, 1999.

Why you should go for Trademark Registration in Pune

Due to a lot of competition in the city, Trademark registration in Pune is crucial. Trademark registration lets you protect your brand name, logo, symbol or a combination of all of these. It also makes it easier to take legal action against anyone who is infringing on your trademark; – using your trademark without your permission or using a very similar trademark. Getting trademark registration in Pune lets you then apply for international registration under the Madrid protocol. This is necessary for a company looking to expand overseas. Trademarking your brand name also creates another asset for your company thereby increasing the value of your business.

What Can Be Trademarked

Below is a detailed list of what can be Trademarked:

• Names. This includes Product names, Business names, Names of persons, as well as surnames.
• Abbreviations or Numbers
• Logo or symbols
• Tagline
• Recently people have also been applying for some unique trademarks. These are known as unconventional Trademarks. Remember that these are a lot more difficult to Trademark. They Include:
  • Sound mark
  • Scent mark
  • Motion mark
  • Different types of Shapes
  • Packaging

A Trademark can be owned forever but needs to be renewed every 10 years. To understand the Trademark Registration Process in detail, you should refer to this article: Understanding Trademark & its Registration Process in India

Documents Required for Trademark Registration

You need to provide the following documents for Trademark or Logo Registration in Pune:

• Proof of Applicant: This includes documents such as PAN, Address Proof of applicant, and Certificate of Registration/Incorporation in case of applicants other than individuals.
• Brand Name/ Logo/ Slogan: You have to provide the details of the Trademark that you are trying to register.
• Proof of TM Use: Documentary proof such as invoices, registration certificates, etc. with the brand name/Logo.
• MSME/ Start-up India Certificate: This works as proof of business. Additionally, partnership firms and body corporates (other than an individual) can avail 50% rebate on Government fees if they provide their MSME OR Start-up India registration certificate.
• Power of Attorney: You have to file TM-48. It is a legal document that authorises a Trademark attorney to file the Trademark on your behalf with the Trademark registry.
• Board Resolution: Additionally, for private limited or public limited companies, it is mandatory to provide a board resolution from all the directors that allowed the company to apply for a Trademark. Private limited and public companies can only apply for a Trademark after receiving the approval.
• User Affidavit: Moreover, for claiming specific user data, you have to submit a user affidavit. This depends on the Trademark being registered. Your Trademark Attorney will ask for it before application submission.

Process of Trademark Registration in Pune

The TM registration process in Pune is quite detailed and also requires the help of legal experts.  For ease in referral, we have divided the process into 3 parts.

• First, you have to pick the apt Trademark class for registration of your goods or services.

• Secondly, you need to check if anyone else has already registered a similar Trademark. To check, you have to use the IP India Trademark website
• Thirdly, you have to fill out and submit a Trademark application either at the Trademark Registry or online on the IP India website. You can start using the TM symbol next to your Trademark after successful submission. While filing, keep in mind the grounds for refusal of Trademark applications, and avoid any such issues.
• The fourth step is for the Registrar to examine your Trademark and evaluate if it is appropriate for Trademark Registration. They will either raise objections or approve the Trademark. In case of objections, you need a Trademark Attorney to file replies. You can also choose to not submit any reply and abandon the application.
• Once approved, the Trademark Journal publishes the Trademark. Any person who believes that this Trademark is similar to their Trademark must file an opposition within 3 months of publication. If an opposition is filed, you must enlist the services of a Trademark Attorney to file replies. The Trademark registry will evaluate your replies with the other party’s statements and decide if you can register your Trademark. You can also abandon the application at this point by not filing any replies.
• Finally, you will receive your registration certificate if there is no opposition or if the Trademark registry finds your replies to the opposition to be satisfactory. After this, you can use the ® symbol next to your Trademark. There is a big difference between a TM and R symbol, R symbols denote more secure legal protection.

Checking your TM Application Status

Since the process for TM registration in Pune takes some time, you should track your trademark application. To check your trademark status, proceed as below: 

• Go to the IP India website.
• Select Trade Mark Application/Registered Mark from the left-hand side menu.
• Select National/IRDI Number.
• After that, enter your Trademark Application Number, enter the captcha, and click on View Button.
• Finally, now you should be able to see your Trademark Application Status. There will also be an alert showing the next steps.

Fees & Cost for Trademark Registration in Pune

TM registration in Pune entails 2 types of costs:

• Government Fees: This fee depends on the business structure of the entity applying for Trademark Registration.  Government fees are INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, generally, the fee is INR 9,000 (Exceptions exist for businesses with MSME or Startup India registration).
• Professional Fees: This varies from service provider to service provider.

Here are LegalWiz.in’s Packages:

You may also be interested in this article: Trademark Registration in Mumbai– Process, Cost, and Documents Required

Benefits of Trademark Registration

• Legal Safeguard: Trademark registration establishes a robust legal framework, affording comprehensive protection to the registered trademark. This prevents unauthorized usage by entities other than the rightful owner, empowering the trademark proprietor to legally contest any infringement. 
• Enhancement of Brand Reputation: TM registration bestows a distinctive symbol, denoted by the ® sign, further symbolizing the brand’s official registration. This emblem becomes a representation of trust for consumers, fortifying the brand’s reputation. 
• Facilitation of Business Expansion: Trademark Registration is instrumental in demarcating a business’s product or service from competitors. It also cultivates a differentiated brand image in the minds of consumers, laying a solid foundation for future business expansion.
• Avoiding Consumer Confusion: In saturated markets with similar products or services, consumers can often get confused. By ensuring a unique identifier, TM registration clarifies brand choices for consumers and also ensures brand loyalty.

Conclusion

TTrademark Registration in Pune is a crucial step for businesses, especially in this dynamic startup environment. Besides meeting legal requirements, it serves as a strategic asset, protecting brand identity, supporting growth, as well as indicating attractiveness to potential investors.  The advantages of Trademark registration in Pune include various things such as heightened brand protection, global expansion possibilities, and an increase in business value. This guide has outlined the detailed registration process, stressing the importance of legal guidance. To navigate this process successfully, involving a skilled trademark attorney is crucial. LegalWiz.in provides customized packages for a smooth registration experience.