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

Published On: Jan 16, 2023Last Updated: Feb 14, 20248.8 min read

Introduction

Pune is the second largest city in the state of Maharashtra. In the last few decades, it has become a humongous hub for startups, specifically in the IT sector. It is also very famous for being a young city, what that means is that it has a very young population. Because of this, many new ventures are started in Pune every day. It’s also an educational hub. Trademark registration in Pune lets businesses protect not only their brand name it also helps them expand. Additionally, trademark registration is also a positive marker for investors considering investing in a company.

What is a Trademark?

In straightforward terms, 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. Commonly, people opt to trademark their logos, giving rise to the popular term “logo registration.” For instance, the term “Mercedes” serves as a trademark, diffrentiating their cars from those from other brands or individuals. Trademarks encompass a broad spectrum, including logos, patterns, words, phrases, and, intriguingly, even scents 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

Trademark registration in Pune also known as logo registration in Pune is very important for businesses as there is a lot of competition in the city. Trademark registration lets you protect your brand name, logo, symbol or a combination of all of these. It also makes it easy for you to take legal action against anyone who is infringing on your trademark, that is 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 very important for a company looking to expand overseas. Trademarking your brand name also creates another asset for your company which in turn increases the value of your business.

What Can Be Trademarked

The following is a detailed list of what can be Trademarked:

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

You can own a Trademark forever. However, every Trademark needs to be renewed every 10 years. To understand the Trademark Registration Process in detail, you should go through 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’re 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 allows 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 process for TM registration in Pune is quite vast and requires the help of legal experts. In summary, it has the following steps. We’ve divided it into 3 parts.

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

Use Our Trademark Class Search Tool:

  • 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 make sure to avoid any suchb issues.
  • The fourth step is for the Registrar to examine your Trademark and evaluate if it’s 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 is published in Trademark Journal. Any person who feels that this Trademark is similar to their Trademark is required to file an opposition within 3 months from publication. If you receive opposition, once again you need a Trademark Attorney to file replies to it. 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 carry a lot more legal protection.

Checking your TM Application Status

Since the process for TM registration in Pune takes some time, you should check where your trademark application has gotten from time to time. To check your trademark status follow the following steps:

  1. Go to IP India online website, 
  2. Select Trade Mark Application/Registered Mark from the left-hand side menu,
  3. Select National/IRDI Number, 
  4. After that, enter your Trademark Application Number, enter the captcha, and click on View Button
  5. 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 carries two types of costs:

  1. Government Fees:  The one who is applying for Trademark Registration, their business structure decides their government fees. 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).  
  2. Professional Fees: This varies from service provider to service provider.

Here are LegalWiz.in’s Packages:

Business Package from INR. 6,499

  • Online TM Application under 1 class
  • Trademark Search Report
  • Authorisation Letter (GPA)
  • Stamp Duty on Authorisation Letter
  • Suggestion for selection of class for Application
  • Final Application Filing using Registered Attorney
  • Filing of Applications for Individuals or Start-Ups or Small Companies

Executive Package from INR. 8,199

  • Online TM Application under 1 class
  • Trademark Search Report
  • Authorisation Letter (GPA)
  • Stamp Duty on Authorisation Letter
  • Suggestion for selection of class for Application
  • Final Application Filing using Registered Attorney
  • Filing of Application for Individual or Start-Ups or MSME
  • MSME Certificate

Premium Package from INR.10,999

  • Online TM Application under 1 class
  • Trademark Search Report
  • Authorisation Letter (GPA)
  • Stamp Duty on Authorisation Letter
  • Suggestion for selection of class for Application
  • Final Application Filing using Registered Attorney
  • Filing of Applications for other categories of Applicants (LLPs, Pvt Ltd, Public Ltd, OPC, etc)

Benefits of Trademark Registration

  1. Legal Safeguard: Trademark registration establishes a robust legal framework, affording comprehensive protection to the registered trademark. This preemptively prevents unauthorized usage by entities other than the rightful owner, empowering the trademark proprietor to legally contest any infringement, thereby safeguarding the integrity of their brand.
  2. Enhancement of Brand Reputation: The process of trademark registration bestows a distinctive symbol, often denoted by the ® sign, symbolizing the brand’s official registration. This emblem becomes an emblematic representation of trust for consumers, fortifying brand reputation and instilling confidence in the authenticity of the product.
  3. Facilitation of Business Expansion: Trademark Registration in Kerala is instrumental in demarcating a business’s product or service from competitors. It not only imparts a unique and distinct identity but also cultivates a differentiated brand image in the minds of consumers. This differentiation is pivotal for profitability and lays a solid foundation for future business expansion.
  4. Prevention of Consumer Confusion: In markets saturated with similar products or services, the potential for consumer confusion is substantial. Trademark registration acts as a crucial preventative measure against such confusion. By ensuring a unique identifier, it clarifies brand choices for consumers and contributes to the preservation of brand integrity.

Conclusion

Trademark Registration in Pune is a crucial step for businesses, especially in this dynamic startup environment. Beyond meeting legal requirements, it serves as a strategic asset, protecting brand identity, supporting growth, as well as indicating attractiveness to potential investors. As mentioned before, Trademark registration is more than a mere formality; it’s a strategic decision that enhances the position of businesses in Pune. 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 streamlined registration experience.

Frequently Asked Questions

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Monjima Ghosh
About the Author

Monjima Ghosh

Monjima is a lawyer and a professional content writer at LegalWiz.in. She has a keen interest in Legal technology & Legal design, and believes that content makes the world go round.

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