How to Do Trademark Registration in Kolkata?

The process for trademark registration in Kolkata is done entirely online through the official government portal or with the help of a legal professional. Trademark registration secures your brand's unique identity, ensuring no one else can use a similar name or logo for their business.

If you wish to secure your trademark, you just need to follow a few simple steps. You can manage the entire process of trademark registration from the comfort of your home or office. So, if you want to secure your brand’s identity, you are in the right place. Follow along and by the end you will have a clear understanding of trademark registration in Kolkata.

What Is Trademark Registration?

Trademark registration is the legal process of protecting your unique brand identity, such as your business name, logo, slogan, product names and many more. It grants you the exclusive right to use that mark and prevents others from using a similar one that could confuse customers. Essentially, it's a way to secure your brand as a valuable business asset, giving you the power to take legal action against anyone who violates your intellectual property.

What Are The Benefits Of Trademark Registration In Kolkata?

The benefits of trademark registration in Kolkata are multiple, giving your brand an important advantage. Some of them are listed below:

• Legal Shield

Trademark registration gives you with exclusive legal protection, granting you the full right to use your brand name, logo, and slogan. This prevents others from copying or misusing your brand in a way that could confuse customers. If you find any case of brand infringement, you can sue the other company as well.

For example, some local shops might sell products that use the Puma brand name and its leaping wildcat logo, or a design with three stripes similar to Adidas.  Without a registered trademark, you don't have the legal standing to stop these infringements, which can damage your brand reputation. With trademark registration in Kolkata, you get the legal power to stop others from misusing your brand.

• Reputation Secured

In today’s competitive market losing your brand’s identity is quite common. This can hamper your reputation in the market as well. With trademark registration you not only secure your brand’s identity but also it’s reputation.

For instance, imagine you launch your new sportswear brand only to discover that someone started selling unauthorized copies of genuine products in another city with a similar logo to yours. Without a registered trademark, fighting back is extremely difficult and expensive, making your brand open to misuse and compromising your reputation.

• Valuable Asset

A registered trademark is not just a symbol but an intellectual property of the company. It is categorized as a valuable business asset. A company can use it trademark to increase their credibility and trust in the market. This in turn helps them to secure a bank loan easily.

For instance, a bakery in Mumbai approached us for trademark registration. After an intense legal fight against trademark objection and a third party opposition, within 24 months, we completed the process and helped them get a trademark certificate to operate legally. It helped them increase their credibility and trust in the market. This also helped them to secure a business loan.

Who Is Eligible For Trademark Registration?

Anyone who is a legal entity can apply for trademark registration in Kolkata. If you are someone, who has a unique brand name, logo or slogan, for your product or services, you can apply for a trademark. This includes individuals, companies, LLPs and startups.

It is not mandatory to have an existing business, even an individual with a unique idea for a brand name can get it registered.

Here's a quick breakdown of who can apply:

• Individuals: A sole proprietor or an individual who wants to protect their personal brand.
• Partnerships: A firm that is registered under the Indian Partnership Act, 1932.
• Companies: Private limited company, public limited company, or one person companies registered under the Companies Act.
• LLPs: Limited Liability Partnerships that are incorporated.
• Trusts, Societies, and Associations: Any organization that is a legal entity can apply for a trademark in its name.

What Are The Criteria For Trademark Registration In Kolkata?

To be eligible for trademark registration in Kolkata, a brand name, logo design, or slogan must be distinctive and not descriptive. This means it should be unique enough to distinguish your goods or services from those of others, and it shouldn't simply describe what you sell.  You also need to consider your logo trademark, brand name trademark, and even your company name for trademark registration. The application requires an English translation if the mark contains any non-English terms.

• The logo must be unique and not similar or duplicate to any existing trademarks.
• The brand name should be distinctive and not a generic or common word.
• Even a non-profit organization or an NGO can get its name and logo trademarked for brand protection.
• A unique name for a specific product you sell can also be trademarked.
• Your company name itself can be trademarked to protect your corporate identity.

Documents Required For Trademark Registration in Kolkata

Here is a breakdown of the required documents for trademark registration in Kolkata:

Applicant Details:

• For Individuals: If you are registering a trademark as an individual, you must give personal information. For example, name, residence, nationality, and proof of identity (such as an Aadhar card, passport, or voter ID).
• Companies (Private Limited Company, OPC, LLP, Public Limited Company, Partnership, etc.) must submit information such as their incorporation document, address, and proof of identification of authorised signatories.
• Non-governmental organizations (NGOs) must provide registration documentation, such as a certificate of registration and proof of the identity of authorized representatives.

Trademark Details:

• Trademark Representation: A logo, wordmark, slogan, or combination that clearly represents the brand must be supplied. This representation should appropriately reflect how the trademark will appear when used in commerce.

• Description of Goods/Services: A full description of the trademarked goods or services. This description should be consistent with the WIPO's Nice Classification system. Identify the class or classes in which the trademark will be registered.

How to Apply For Trademark Registration in Kolkata?

To apply for trademark registration in Kolkata involves several key steps conducting a thorough trademark search to filing your application and responding to any objections that may arise. By following the correct process, you can secure your brand name, logo, or slogan from infringement while creating a unique legal identity in the market.

Here is a step-by-step guide on how to apply for trademark registration in Kolkata:

Step 1: Need to Conduct a Trademark Search

Before you apply, conduct a complete trademark search. This first step allows you to see if a similar brand name or logo already exists or not in the market. To find existing and pending trademarks, visit the official government trademark search portal or take help from legal professionals. This minimizes future objections and ensures that your brand name is actually unique.

Step 2: Prepare Your Documents

Gather every required document, including your identification proof, address proof, business registration documents (for corporations and LLPs), and a clear image of your trademark. You will also need a Power of Attorney that authorizes a legal agent to file the application on your behalf.

Step 3: File the Trademark Application

The application for trademark registration must be filed online through the Indian government's official trademark portal. You must complete the correct form (Form TM-A) providing all necessary information about the business you represent and the trademark you want to register.

Step 4: Examination by the Registrar

Once filed, your application is assigned to a trademark examiner for review. The examiner checks whether your trademark fulfills all legal standards and does not clash with any existing trademarks. This process may take several months.

Step 5: Respond to Any Trademark Objection

If the examiner finds something wrong with your application, they are going to issue an objection report. To respond to the examiner's concerns, you must provide a complete legal response within a certain time range.

Step 6: Publication in the Trademark Journal

Once your application is accepted, the trademark will get published in the Trademark Journal. Once published, the trademark will have four month window, any third party can oppose your application within this timeframe.

Step 7: Final Registration

If there are no oppositions or the opposition is successfully dismissed, your trademark will be registered and you will receive a trademark certificate.

Are you feeling stressed with the paperwork? Instead of using the government portals on your own, let our legal trademark attorney handle the entire process for you, ensuring an easy and secure registration without any hassle.

GET YOUR TRADEMARK REGISTERED TODAY

What Is The Validity Of Trademark Registration In Kolkata?

Key Points on validity of trademark registration in Kolkata:

• Initial Period: The first registration of a trademark is valid for ten years.

• Renewal: Trademark registration in India can be renewed after every ten years.

• Renewal Grace Period: The trademark owner has up to six months from the expiry date to renew the trademark by paying an extra fee.

• Lapse: If the trademark is not renewed, it will be removed from the Trademark Register and will lose legal protection.

What Is The Cost Of Trademark Registration In Kolkata?

The cost of trademark registration in Kolkata depends on the type of applicant.

Online Filing Cost in Government Portal:

• Companies and LLPs is Rs 9,000
• Individuals, startups and small businesses only Rs 4,500

Offline Filing Cost in Government Portal:

• Companies and LLPs is Rs 10,000
• Individuals, startups and small businesses only Rs 5000

Can I Register A Trademark Myself?

Trademark registration can be done on your own, but typically, a professional should manage the complex process. While the government offers a direct online filing portal, the process is rather stressful and might be difficult for people without a legal background. It requires careful documentation, constant interaction with the registry, and a complete understanding of the legal requirements, all of which are important to a successful application.

Reasons to Trust Online Legal India for Trademark Registration in Kolkata

Choosing to work with Online Legal India for trademark registration in Kolkata is far greater than just a choice, it is a strategic move to secure your brand's future.

• Our skilled legal attorneys, armed with an in-depth knowledge of local and national laws, act as an immense barrier to your intellectual property

• We don't just file paperwork; we fight for your brand's right to exist, providing a smooth and effective process from beginning to end.

• Our entire process from initial consultation to final registration is handled online, so you never have to visit an office or to any trademark registry office to deal with physical paperwork.

• Our professional team conducts a complete trademark search of the Trademark Registry to check for any similar existing trademarks, significantly reducing the chance of an objection.

• We offer clear, upfront pricing with no hidden costs, making professional legal services affordable to everyone.

• The entire process and expert handling ensure that your application is processed as quickly as possible, saving you valuable time.

• We have a dedicated team who will answer your questions and provide support throughout the entire registration journey.

• Our trademark registration service is officially recognized by the Government of India.

FAQ

1. How to Register a Trademark in Kolkata, West Bengal?

To register a trademark in Kolkata, West Bengal, you can either file the application yourself online or hire a legal professional such as Online Legal India to do it for you. The process includes conducting a brand search, preparing the necessary documentation, and submitting the application to the Trademark Registry.

2. How Many Years Trademark Registration Is Valid For?

A trademark registration is valid for ten years from the date of application. After that, you can renew it indefinitely for another ten year period.

3. How To Solve A Trademark Application When Face An Objection?

When you receive a trademark objection, it means the examiner has questions about your application. You can solve it by submitting a detailed written response with evidence and legal reasons to address their concerns within the given period of time.

4. How Can I Register A Trademark Online?

You can register a trademark online by conducting a complete trademark search and then filing an application on the government portal, or you may hire a legal expert to handle the complex documentation and follow up process for you.

5. How Long Does It Take To Register A Trademark In Kolkata?

Generally, it takes about six to eight months to get a trademark registration done if there are no objections from the government. However, the process can take longer if an objection or opposition is raised, extending the timeline up to a year or more.

6. What to Do If Someone Uses my Trademark?

If someone uses your trademark, you should first send them a legal notice to stop.  If they don't comply, you can then take legal action to protect your brand and seek damages.

7. How to Check Trademark Status in Kolkata?

You can check your trademark status by visiting the official government portal and using your application number. This allows you to track the progress of your application from filing to registration.