Trademark Registration in Pune

A trademark or brand name is an exceptional official or legal marker that separates an item's identity from other products or service providers. The Regulator General of Patents Designs and Trademarks, Ministry of Commerce and Industry, takes care of trademark registration in India under the Trademark Act of 1999. It prevents unauthorised or illegal use of the company’s or an individual’s name without their consent.

So, any individual who is setting up a business must carry Trademark registration in Pune. Information regarding its types, procedures, required documents, and more are provided below.

Below are the types of trademark registration available not only in Pune but throughout India. These are as follows:

• Product Mark: A product mark is for goods or products to maintain the reputation of a business with its uniqueness.
• Service Mark: It is used on services and for all non-product items. It identifies the legal service provider or proprietor and separates it from other service providers.
• Certification Mark: The certification mark signifies where the product originated. It also speaks of its quality, material and other specific details indicating the actual standards of a product. It is used to determine if it has undergone different testing and holds high quality or not.
• Shape Mark: A shape mark is another type of trademark that authenticates the shape of a specific product to prevent it from being similar to a particular manufacturer.
• Sound Mark: Sound mark refers to the type of sound mark used for a specific tune or sound of a business so that no other company can use it without its permission.
• Pattern Mark: It is used to protect the specific pattern of a product or a company.
• Collective Mark: This mark represents a collaboration of products, services, businesses, etc.

The Trademark Act of 1999 categorises goods and services into 45 classes of trademarks in India. These contain 34 types of goods and 11 types of services.

Any company or individual can safeguard their products or services through the help of trademark registration. Here is a list of the eligibility criteria for filing a Trademark registration application for your convenience. One needs to be any of the following:

• A person or individual
• Joint owners of a company or organisation
• Any Indian company
• Partnership Firm
• Proprietorship Firm
• Limited Liability Partnership or LLP
• Society or Trust

Trademark registration requires a few credentials for its documentation. The documents required for Trademark registration in Pune are:

• Identity, nationality and address proof
• Trademark certificates regarding Brand Name, Logo or Slogan
• Documentary proof such as invoices and registration certificates with the trademark
• Power of Attorney such as TM-48 filing
• MSME or Start-up India Certificate as proof of business
• Board Resolution
• User Affidavit to claim specific user data

If you are opting for online Trademark registration in Pune, follow these steps to complete your registration properly. These steps are

Step 1: Find out your Trademark class for the registration process of products or services.

Step 2: Verify if there is already any registration under the same Trademark.

Step 3: Visit the IP India Trademark website to verify.

Step 4: After that, fill out and submit your Trademark application online on the IP India website.

Step 5: Then, the Registrar will examine your Trademark to see if it is genuine to proceed further with a Registration.

Step 6: After the Trademark registration approval, it will be published in the Trademark Journal.

Step 7: In the final step, you can get your registration certificate if there is no opposition found or if the Trademark registry found your replies satisfactory to the opposition.

Note: No governmental office exists for offline brand name registration in Pune. The trade and service marks applicable for industries, companies or firms are registered and secured throughout India with the support of the regulatory body of the trademark office situated in Mumbai.

The steps for offline trademark registration are done as follows:

Step 1: A search is to be done to ensure non-replication of the trademark.

Step 2: Select the class under which your product falls.

Step 3: Visit the office of the Trademark Registry in Pune.

Step 4: Fill out the application form and submit all the necessary documents.

Finally, you will get a TM application number after verification of the application by the authorities. The process ahead follows the same as given above in the online process of registration.

While checking the status of your application for trademark registration in Pune, follow the steps below-mentioned:

Step 1: Go to the IP India online website.

Step 2: Click on 'Trade Mark Application/Registered Mark' from the left side menu.

Step 3: After that, select 'National/IRDI Number'. 

Step 4: Now, put the Trademark Application Number and type in the captcha. Next, click on the 'View' button.

After this, you will get to see the status of your brand registration in Pune. Furthermore, you can notice an alert indicating its next steps.

Trademark registration in Pune levies 2 types of charges on applicants. These include:

• Professional Fees: Different service providers charge different professional fees from applicants.
• Government Fees: Depending on the organisation or company’s business structure applicants will need to pay a government charge during trademark registration. The Government fees will be ₹4500 for a sole proprietor or an individual. However, the cost for registration will be ₹9000 if the owner is a non-individual applicant.

There are also exceptions in Government charges for brand name registration in Pune in case of businesses like Startup India or MSME registration etc.

Note: Objections Dependent Costs Drafting legal responses to objections can and would depend on how complex the matter is.

Trademark registration has several benefits that increase the value of a company’s name in the future. These are as follows:

• Legal Protection: Under legal protection, a company or service provider can be assured that there will be no misuse of its trademark symbol, name, logo, symbol or identity.
• Builds Loyalty: Trademark maintains the reputation of a company and gives its client confidence to buy its product or service.
• Brand Recognition: It establishes a distinguished name, logo, and symbol for brand recognition. Thus, customers can identify and reach for its services or products easily. Moreover, it also creates brand value over time.
• Exclusive Right: It allows the registered entity to enforce all the ownership rights if it finds someone misusing the trademark. Not to mention, it allows one to access ownership through several platforms via the Internet and social media.
• Asset Creation: It is an intangible asset for a company’s growth as it attracts and retains consumers with its unique identity.
• Protection Against Infringements: It protects the brand name in cases of infringement or if someone misuses or misleads the company’s name without the endorsement of the owner.
• Ease of Proving Infringements: You can have a much easier time proving your case in court when your trademark registration is over, and someone infringes your trademark.

This article provides a comprehensive guide on how to complete trademark registration in Pune. You can prevent other service providers from utilising your identical trademark with trademark registration. Also, it helps entrepreneurs safeguard their brand name in a better way. Hence, consider all these aspects before applying for trademark registration.