Hon’ble Calcutta High Court Grants Stay on Public Notice Issued by CGPDTM Office
15 Oct, 2025
By Online Legal India
Published On 13 Sep 2025
Updated On 27 Sep 2025
Category Trademark
Building a brand in Kolkata goes beyond just offering a product or service; it’s about creating a distinct business identity that resonates with customers and earns their trust. Elements like your business's logo, name, and tagline become the face of your brand, distinguishing you from the competition. Whether you are just launching or expanding your business venture, safeguarding your brand with Trademark Registration in Kolkata is essential. A trademark not only defends your brand identity but also helps to ward off unauthorized use or imitation in a bustling marketplace. Read the blog to know more.
A trademark is essentially a distinctive sign, logo, word, phrase, design, tune, colour, symbol, or a combination of these features, which helps consumers recognize a specific product or service in the competitive marketplace. It acts as the identity of a brand in the marketplace. The trademark registration process grants you exclusive rights to a particular brand name, logo, symbol, or slogan, enabling you to use the “R” symbol. This registration safeguards your brand from imitation and allows you to act against any unauthorized use. In India, this entire process is regulated as per the Trademarks Act, 1999, and it's overseen by the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) under the Ministry of Commerce & Industry.
Trademarks in India are classified into 45 unique categories, with each class relating to kinds of goods or services. Choosing the right class is crucial, as it determines the safeguards accessible for your brand. To find a complete list, make sure to visit the IP India website. Classes from 1- 34 referred as products and 35 to 45 referred as services.
Device Mark
A device mark is a trademark that uses a graphic design, image, or symbol instead of words. It is also considered a figurative mark or logo mark. It consists of visual elements like logos, monograms, or specific designs.
A Collective mark represents both the products and services of a particular group. It is used by a group or association to identify products or services. It helps entities to protect the goods and services to comply with standards. It is also used to inform about the features of specific goods and services to others. Members of an association, group, or association use this mark to protect products or services.
A Certification mark certifies a product or service that meets certain standards for business. This mark is used by the owner of the mark to get information regarding the source of the product. It helps to establish the quality standards of the products. This helps customers to identify the products or service quality in the market.
A colour mark means a trademark which consists of a specific colour or a combination of colours that is different from others. It is also used to identify the origin of goods or services.
A Shape Mark plays a crucial role in protecting the unique and distinct shape of the product. Customers can easily identify and buy the products based on shape. A shape mark is considered an identifier of the product of a specific brand.
A Pattern Mark represents the unique patterns of a specific brand. It consists of elements that are used repeatedly to identify the source of a brand. It is used to protect the patterns of a brand. You can easily recognize the brand with its exceptional design.
A Sound mark is a distinct sound related to products or services of a brand from suppliers. It helps to identify the product or services by listening to their sound. It is used to identify the source of products or services through sound. It can be considered a sound registered trademark to recognize a brand.
A Symbol mark represents the visual design, image, logo, and so on of a trademark. In other words, it is defined as a graphical representation of a brand. It is also considered a combination of mark, text, and design of a brand. It is used to protect the trademark with its specific design.
A Wordmark represents the text, phrases, letters, or numerals of a mark used by a brand, such as company names, product names, and so on. It is generally used to protect the word of a brand.
Listed below are the key importance of trademark registration in Kolkata:
A trademark registration allows a business to secure its brand name, logo, or tagline. This ownership will give you the exclusive right to continue the use of the mark in business activities. You will also have the right to take action to protect the mark from unauthorized use and infringement. It helps to protect the brand against misuse, imitation, or infringement from competitors.
A registered trademark proves that the product or service is authentic. It allows customers to easily identify a brand from others in the market. It generally attracts customers, builds trust, and creates a positive image for the business. It helps the brand stand out from competitors.
A trademark registration in Kolkata provides ownership and works as a business asset. A registered trademark helps to increase the financial value of the company. It can also be bought, sold, franchised, or licensed. It shows investors and lenders that the business has stability and long-term growth.
Trademark registration under the Controller General of Patents, Designs, and Trademarks (CGPDTM) provides nationwide protection. Businesses in Kolkata get protection across India when they register a trademark.
You have the right to take strict action to prevent others from copying or misusing the brand. It helps the business to file lawsuits, claim damages, and protect its market position with strong protection.
The Indian government supports startups and MSMEs to register and secure their intellectual property. The process of Trademark registration in Kolkata has become affordable for small businesses by reducing application fees and quick approvals.
India’s membership in WIPO and the Madrid Protocol helps businesses in Kolkata to register trademarks in other countries. A registered trademark in India helps to increase brand recognition in global markets and makes it simple to grow internationally.
There are various entities that can apply for trademark registration in Kolkata:
Any Indian citizen is eligible to apply for a trademark in their own name. They can register a trademark for a word or symbol even without running a business. Once approved, they will have the exclusive rights to use the trademark.
A trademark can be registered by two or more people. Every name should appear in the application. Each applicant has an equal right to the trademark unless a different agreement exists. The purpose and intended use of the mark must be clearly stated.
A proprietorship firm can apply for a trademark registration in Kolkata in the owner’s name, but not in the name of the business or proprietorship. The application reviews the business name and the owner's name separately.
A partnership must include all partners’ names in the trademark application. If there is a minor partner, their guardian should be identified. The trademark belongs to the partners, not the firm itself.
An LLP can apply for a trademark registration in Kolkata in its name because it is a separate entity. Individual partners do not have personal rights to the trademark. The application should contain the LLP’s registration details.
A registered company has the right to apply for a trademark in its own name. Directors or promoters are not eligible to apply for it personally. The company holds all rights over the trademark. It must include its Corporate Identification Number (CIN) and registered address.
An OPC can file a trademark in its own name, and the company holds all rights. A trademark is managed by the sole owner through the OPC.
Foreign individuals and companies can apply for a trademark registration in Kolkata. They are required to provide a name and address for service in India. This helps them protect their brand even without being locally based.
A registered trust can file for a trademark if it uses it for goods, services, or publications. All trustees’ names must be included, and the trust becomes the owner.
Societies and associations can register a trademark to protect their name, logo, or services. It includes each key office bearer’s name and their role. It ensures long-term protection and a unique identity in public and commercial spaces.
The following documents are required for trademark registration in Kolkata:
Below is the step-by-step process to apply for trademark registration in Kolkata:
Step 1: Conduct a Trademark Search
The first step of trademark registration is conducting a trademark search before applying for registration. So, you must conduct a trademark search to check if your name or logo is unique. You can check it on the Public Search tool from the IP India portal to avoid rejection or disputes.
Step 2: Determine the Appropriate Trademark Class
As per the Nice Classification system, the goods and services consist of 45 trademark classes. You need to check the official classification list according to your needs. You must select the appropriate trademark class to avoid rejection, complications, or approval delays.
Step 3: File the Trademark Application (Form TM-A)
Firstly, you need to gather all the required documents as mentioned above to apply for a trademark registration in Kolkata. Then, you need to fill out and submit the TM-A form, which is a trademark application form. You can file your application online through the official IP India portal. You can also file it physically at the nearest Trademark Registry Office. The application form can include the correct class, applicant, and business details. Then, you need to pay the required registration fee, which is different for individuals, startups, and companies.
Step 4: Examination by the Trademark Office
The Trademark Office will review your trademark application after you submit it. The examiner checks if your trademark is different from the existing ones. The Examiner also verifies all submitted documents. The application will proceed to the next step if it meets all requirements. If any issues are found by the registrar, the application will be put on hold, and you will get a notification.
Step 5: Objection by the Registrar
If the registrar finds any issues, they may raise an objection. This can arise if the mark is like an existing one or if it uses a generic name. A formal objection can be raised under Section 9 or 11 of the Trademarks Act. A hearing date is also mentioned in the notice. If you receive this notice, it does not mean rejection. It allows you to correct the mistakes in the application if they appear.
Step 6: Replying to the objections
Once you have received the objection, you must reply to it within 30 days. You must provide clear clarifications, valid supporting documents, and strong reasoning for replying to objections. A well-drafted reply with professional help improves the chances of resolving objections and avoiding unnecessary delays in the process. Once the registrar finds your response satisfactory, the application moves to the next stage. However, failing to reply on time can put your application on hold or can be abandoned your TM.
Step 7: Publication in the Trademark Journal
Once the registrar approves your trademark application, it will be published in the Trademark Journal for four months. It is available on the IP India portal. In this step, your trademark is displayed to the public. Any person or business can raise an opposition against the trademark during this time.
Step 8: Opposition Notice and Reply
If any person or business opposes your trademark registration, they must file a notice of opposition. Then, you will be notified by the registrar about it. You must respond to the notice within 2 months and attach supporting documents to support your claim.
Step 9: Hearing of Opposition
If the opposition continues after your reply, the registrar decides a hearing date and tells both parties about it. In the hearing, both sides present their arguments. If the registrar finds your counterstatement valid and convincing, the application progresses to the next stage of the trademark registration process without further delay.
Step 10: Registration and certificate issuance
Once your trademark gets approved by the registrar. You will receive an official Trademark Registration Certificate. The registration is valid for ten years from the application date. You must renew the trademark every ten years to maintain exclusive ownership and protection. This ensures that your brand remains secure and safeguarded.
Trademark registration fees in Kolkata vary based on the applicant type and the method of filing, whether online or offline. The government fee for an individual, startup, or MSME is Rs. 4,500 for e-filing and Rs. 5,000 for physical filing. The cost for other entities, such as companies or partnerships, for e-filing is Rs. 9,000, you will get 50% discount if you have MSME certificate for any such business and Rs. 10,000 for physical filing. The fees are charged per class of goods or services.
Conclusion
Securing a brand’s identity is a crucial step for long-term growth. Trademark registration in Kolkata helps to protect the brand and gives nationwide recognition. Every business needs to safeguard its name and logo. Registering a trademark helps to build trust and strengthen market presence. If you want to register a trademark for your business, contact Online Legal India.
FAQ
Q1. How much does it cost to apply for trademark registration in Kolkata in 2025?
The government fee for individuals, startups, and small enterprises is Rs. 4,500 for e-filing and Rs. 5,000 for physical filing. The fee is Rs 9,000 per class for e-filing and 10,000 for physical filing.
Q2. Can an individual apply for trademark registration in Kolkata?
Yes, individuals, entrepreneurs, and sole proprietors can apply for their brand name, logo, or tagline. Trademark protection is not limited to companies alone.
Q3. How long does the trademark registration process take in Kolkata?
The process usually takes 12–18 months if there are no objections or oppositions. However, the application number is issued immediately after filing.
Q4. Is it possible to apply for trademark registration in Kolkata online?
Yes, applications can be filed online through the official IP India portal. It helps to make the process quicker and more convenient than offline filing.
Q5. What documents are required for trademark registration in Kolkata?
Basic documents include identity proof, address proof, logo (if any), business proof (like GST or incorporation certificate), a signed Form TM-48 (Power of Attorney), and other required documents.
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