Trademark Registration in Pune

Trademark Registration in Pune

Planning to grow your business in Pune? Then it’s the right time to protect your brand name, logo, or tagline and make your identity stand out in the market. A trademark can be a name, symbol, design, or phrase that helps people recognise your products or services as yours. Although registering a trademark in Pune under the Trade Marks Act, 1999 is not compulsory, it comes with many advantages. It gives you exclusive rights over your brand and the legal authority to prevent others from copying or misusing it. Once your trademark is registered in Pune, it is protected throughout India, not just in Maharashtra.

The best part? You don’t have to visit any government office in person because you can file your trademark application online through the official  IP India website.

What is a Trademark?

A trademark is a mark that represents your brand. It can be a symbol, design, name, or combination. It helps people to recognize your products or services to distinguish it from the rest of others. For example, the Nike logo, Nokia’s ringtone, etc.

Who Can Apply for Trademark Registration in Pune?

• Individual
• Sole Proprietorship
• Partnership Firm
• Limited Liability Partnerships
• Private Limited Company
• Public Limited Company
• One Person Company
• Trust
• Society

Benefits of Trademark Registration in Pune

1. A registered trademark provides legal rights to the owner to use the mark exclusively.
2. Registering the trademark increases brand value.
3. A registered trademark is a valuable asset for the brand, as it distinguishes it from others and can be licensed.
4. Registration of a trademark in India is used as a basis for international trademark registration.
5. Registered owners of the trademark have the right to sue for damages and injunctions in case of unauthorised use.

Basic Conditions for a Trademark Registration in Pune

Before filing your trademark application in Pune, make sure your mark meets the following basic conditions:

1. It must be unique: Your brand name, logo, or slogan should be different from existing trademarks.
2. It must be visible: The trademark should be something that can be represented visually, like a word, logo, or symbol.
3. It must represent your business: The mark should clearly identify your goods or services.
4. It must not be misleading or offensive: It should not mislead customers or hurt any religious or national sentiments.
5. It must not use common or generic terms: Words that directly describe the product, such as “milk” for dairy goods, cannot be registered.
6. It should not contain prohibited symbols or words: Marks that use national symbols, government seals, or words like “Government,” “President,” or “Prime Minister” are not allowed to be registered.

Documents Required for a Trademark Registration in Pune

You need the following documents for the trademark registration in Pune:

1. Trademark/Logo/Wordmark

2. Applicant’s Details:

• Name, address, and nationality of the applicant
• Type of applicant (Individual, Company, Partnership, etc.)

3. Details of Goods or Services

• A clear description of goods/services for which the trademark application is filed
• Identification of the correct class based on NICE Classification

4. Power of Attorney (Form TM-48)

• Authorises a trademark agent or attorney to file on the applicant’s behalf
• Must be duly signed and executed on stamp paper

In the case of:

5. Individual or Sole Proprietorship

• PAN Card or Aadhaar Card of the applicant
• Proof of business address, such as rent agreement, lease deed, and utility bills for 2 months, etc.)

6. Partnership Firm/LLP

• Partnership Deed or LLP Agreement
• PAN Card of the firm
• Authorisation letter (if one partner is signing on behalf of others)
• User affidavit

7. Private Limited/Limited Company/OPC

• Certificate of Incorporation
• Company’s PAN Card
• Board resolution or letter of authorization to file the application

8. Trust or Society

• Registration certificate of the trust/society
• Trust deed or governing rules
• Authorization from the trustees or management body

9. Optional Documents (If Applicable)

1. MSME or Startup India Certificate - To avail of a 50% discount on government fees for trademark application.
2. Translation or Transliteration - Required if the trademark is in a language other than English or Hindi.
3. User Affidavit - If your trademark has already been used before applying, submit a user affidavit with proof of use.

Online Process of Trademark Registration in Pune

1. Do the Trademark Search on the IP India portal to check whether your trademark is registered or not.

2. As per the Nice Classification, trademarks are categorised into 45 classes based on the type of goods or services. Identify the class(es) that represent your mark.

3. Prepare the Trademark application in the Form TM-A and add the following details:

• Your name, your address, trademark image or text, list of goods/services, date of first use (if any)
• identity proof, business proof (incorporation certificate, partnership deed as applicable), logo/design file
• Goods or services associated with the trademark.
• Description of the trademark
• Date of first use of the trademark, if applicable

4. Go to the IP India e-filing portal, register or log in, and select the trademark section. Upload your filled form TM-A and supporting documents, and attach the Power of Attorney (Form TM-48) if an agent is filing the trademark application.

5. Pay the application fees.

 6. Once you submit, the Trademark Office will examine the application. If there are any objections, you have to respond to the application within 30 days.

7. After examination, your application will be published in the Trademark Journal for 4 months to allow others to oppose the trademark registration.

8. If no opposition is filed or if the opposition is resolved in your favour, your trademark is registered.

9. You will receive a Registration Certificate for your trademark. After registration, you can use the ® symbol with your trademark.

Validity and Renewal of Trademark in Pune

After your trademark is successfully registered, it remains valid for 10 years from the date of application. The good news is that you can renew it as many times as you want.  

Trademark Renewal Process

• Form TM-R: To renew a trademark, the applicant must file Form TM-R with the prescribed government fee. This should be done before the trademark's expiry date. A grace period of 12 months after expiry is also available, subject to payment of additional fees.
• Documents Required:
• Original Trademark Registration Certificate
• Identity proof of the applicant
• Power of Attorney (Form TM-48), if the application for renewal is filed through a trademark agent or attorney

Once the Trademark is renewed, it will again remain valid for another 10 years.

Why Choose Kanakkupillai for Trademark Registration in Pune?

Are you considering registering your trademark in Pune but unsure where to begin? Don’t worry, Kanakkupillai is here to make it easy for you!

You should be aware that trademark registration involves several steps. You must select the correct class and prepare a set of documents to submit with the trademark application. Our expert team takes care of everything, allowing you to focus on growing your business. We provide:

• End-to-End Assistance: We manage the entire process from trademark search to final approval with complete care and accuracy.
• Experienced Professionals: Our team understands trademark laws and ensures your application is filed correctly the first time.
• Select the perfect class: We help you pick the right class for your goods or services.
• Prepare documentation: We handle the entire documentation process