Trademark Registration- Everything You Need To Know About Acquiring It In Pune

For a business to be unique and for its uniqueness to be preserved and protected from competitors and from exploitation, it needs to be protected. It could be the product, its manufacturing process, the protocol or even the business name or logo that needs to be protected. This can be achieved via a Trademark Registration, whether the business is located in Pune or elsewhere in the country. 

• What Is A Trademark?

A trademark is a recognizable sign, design, or expression which identifies products or services of a particular activity. It is in the form of a logo, image, symbol, word(s), letter(s) or colour(s). It is a recognition of the company’s ownership of the brand. Trademarked products are considered as a form of property. Trademarks are often noted by way of ™, or ® if registered. A registration of a trademark gives the proprietor the right to exclusive use of the mark in respect of the goods or services covered by it.

• Trademark Acts As An Asset For Small Businesses

There are several reasons why a small business must go for Trademark Registration in Pune or in the State. Trademark Registration helps businesses create an identity, and grow and can even act as an asset. Some of the reasons why a business must opt for a trademark are highlighted here-  

• • A trademark helps identify the goods or service as well as the origin of it or the owner of the business.
  • A trademark acts as an effective communication tool through which the business can communicate about its ideals, its products, and services. By opting for a trademark the business can obtain a brand or logo which acts like a medium through which the business portrays itself.
  • A trademark helps make it easy for customers to spot the business, in an otherwise crowded marketplace. A trademark helps create an image and an identity for the business with which people can connect and identify easily. This recognition and recall value helps build trust along with a customer base, thus benefiting the business.
  • The trademark acts as an invaluable asset for the business, including small businesses. Over time, the value of a trademark appreciates and the reputation of the business grows too. This can pave the way for the business to expand and diversify, moving from the core sector to related domains and fields.
  • A trademark helps establish the legal right of the owner of the trademark to use it throughout the country.
  • A trademark is one of the most cost-effective ways to ensure legal exclusivity for the use of a business name or its logo, etc.

In addition to this, a Trademark Registration can be pledged as a security to secure loan facilities. Thus, in short, a trademark identifies the goods and services of a business as well as its origin. It also guarantees an unchanged quality of the business (service or product) while at the same time advertising about it. Additionally, a trademark creates a positive image for the goods and services.

These are just some of the several reasons why a business needs to have a trademark.

Therefore, through Trademark Registration a small business in Pune can reach out to a global audience.

Trademark Registration in Pune

• Requisites For Trademark Registration

The Trademark Registration in Pune is a simple process that requires the applicant to provide basic information about the business, submit documents and follow the registration process. The list of documents differ slightly depending on whether the business is a Sole Proprietorship or a Partnership/LLP/Company. The details of procuring the Trademark Registration are as below-

• Information Required

• • • • The name of the business
      • The type of business entity, that is a Proprietorship concern, or  Partnership, or LLP, or Company
      • The type of business, that is, whether manufacturing, service, or trading
      • The contact details of the business and the applicant, including the address, contact number, and the email address
      • The name of the authorized representative of the business, that is, the applicant on behalf of the business)
      • A brief description of the products/services offered by the business

• Documents Required

• In case of Sole Proprietorship concern
• • • • • Copy of the logo, preferably in black & white (Optional)
        • Signed Form-48. It is an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
        • Identity Proof of the individual or Proprietor.
        • Address Proof of the individual or Proprietor

• In case of Partnership/LLP/Company

• • • • • Copy of Logo (Optional)
        • Signed Form-48.  (It is an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf).
        • Udyog Aadhar Registration Certificate, if applicable.
        • Incorporation Certificate in case of a Company.
        • Registered Partnership Deed for Partnership Companies.
        • LLP deed in the case of LLP
        • Identity Proof of Signatory
        • Address Proof of Signatory
        • KYC documents of the business (PAN, Address proof)

• Process Of Trademark Registration

The process of applying for Trademark Registration in Pune is quite simple after the information and documents needed are known. The detailed process is as follows-

• • • • The Trademark registration can be filed with the Trademark Registrar.
      • The application must be made in the prescribed manner and filed along with the fee for Trademark Registration.
      • A Trademark Registration application must contain the following information:
        • Logo or the Trademark
        • Name and address of the trademark owner
        • Classification or Trademark Class
        • Date since when the Trademark was in use
        • Description of the goods or services
      • Once the application is filed with the Trademark Registrar, a trademark application allotment number is provided within one or two working days.
      • On obtaining a trademark application allotment number, the owner of the trademark can affix the ‘™’ symbol next to the logo.
      • Trademark Registrar now applies for the Vienna Classification to the trademark based on the figurative elements of marks, the status of the application reflects as “Sent for Vienna Codification”.
      • Once the Trademark Registration application is accepted by the Trademark Registrar, the proposed trademark is published in the Trademark Journal. The public gets an opportunity to object to the Trademark Registration if they believe they will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within a month to 12 weeks time.
      • Once there are no objections or oppositions for the Trademark Registration application, the trademark manuscript and Trademark Registration Certificate will be prepared and sent to the trademark application.
      • Once the Trademark Registration Certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or trademark.

If you’re someone who likes to go digital and wondering how to register a trademark online, here are the steps –

• • • • Select a trademark
      • Research availability of the mark
      • Identifying your goods and/or services
      • Register the trademark
      • Monitoring your application
      • Protect your rights

• Features Of Trademark And Its Registration

Now that we know why trademark is needed for a business and how to apply for Trademark Registration in Pune for the business, it is imperative to become familiar with some of the features of trademark and its registration.

• A trademark is an intangible asset.
• A registered trademark can be transferred. Also, on registering the trademark can be sold, licensed or assigned.
• With regards to making changes in the trademark application, the basic principle that applies is that the trademark applied for should not be substantially altered. This means that the physical form should not change, which in turn can affect its identity. Subject to this, changes are permissible according to rules.
• • The items that can be trademarked covers names, slogans, logos, phrases, word(s), letter(s) or colour(s) and similar identifiers that describe goods or services (i.e. the products).
  • A trademark once registered is valid for ten years. Upon expiry of this term, the trademark can be renewed with a prescribed renewal of the fees.
  • The classification of Trademark or the Trademark class represents a distinct set of goods and services. The application is made under 45 different classes as per the “Nice classification” for e.g. trademark class no 29 pertains to meat & meat extracts, fruits & vegetables, milk, and milk products, etc. While filing a trademark application, the class of goods and services to which the trademark pertains must be mentioned in the application.

In case the applicant is unaware of the class, they can always approach deAsra for assistance with it as well as for any information regarding the Trademark Registration in Pune.