Trademark Registration in Kolkata– Process, Cost, and Documents Required

Introduction

Kolkata is the capital city of West Bengal and is a major city in eastern India. It is the main point of communication with the northeast, all major trade with the North East is done via Kolkata. Because of this Kolkata is a highly preferred location for businesses who want to set up a venture in eastern India. Kolkata is famous for housing a lot of IT companies as well as textile factories and local artisans. Due to the unique location of Kolkata, and its ability to interact with the northeast as well as the rest of India, there are several businesses in Kolkata. Hence, going for Trademark (TM) or Logo Registration in Kolkata is necessary for any business.

TM registration helps businesses stand out and protect their brand. It is also very important for businesses that want to expand all over eastern India. In this article, we will talk about everything you need to get a TM registration in Kolkata, such as the process for Trademark Registration in Kolkata, the documents required for registration, trademark registration fees in Kolkata, its advantages, etc.

Process of Trademark Registration in Kolkata

The process for Trademark registration in Kolkata is quite vast and requires the help of legal experts. In summary, it has the following steps. We’ve divided it into 3 parts.

Before submitting the application

• First, you have to pick the apt Trademark class for registration of your goods or services.

• Secondly, you need to check if anyone else has already registered a similar Trademark. To check, you have to use the IP India Trademark website.

Submitting the application

• Thirdly, you have to fill out and submit a Trademark application either at the Trademark Registry or online on the IP India website. You can start using the TM symbol next to your Trademark after successful submission.

Note: All the steps that have been mentioned so far can be finished within 4 days if you opt for LegalWiz.in’s services!

After submitting the application

• The fourth step is for the Registrar to examine your Trademark and evaluate if it’s appropriate for TM Registration in Kolkata. They will either raise objections or approve the Trademark. In case of objections, you need a Trademark Attorney to file replies. You can also choose to not submit any reply and abandon the application.
• Once approved, the Trademark is published in Trademark Journal. Any person who feels that this Trademark is similar to their Trademark is required to file an opposition within 3 months from publication. If you receive opposition, once again you need a Trademark Attorney to file replies to it. The Trademark registry will evaluate your replies with the other party’s statements and decide if you can register your Trademark. You can also abandon the application at this point by not filing any replies.
• Finally, you will receive your registration certificate if there was no opposition or if the Trademark registry found your replies to the opposition to be satisfactory. After this, you can use the ® symbol next to your Trademark.
• You need to renew a Trademark every 10 years. Trademarks can be renewed infinite times; this means that you can own a Trademark forever.

To understand the Trademark Registration Process in detail, you should go through this article: Understanding Trademark & its Registration Process in India

Documents Required for TM Registration in Kolkata

Following are the documents required for Trademark Registration in Kolkata:

• Proof of Applicant: This includes documents such as PAN, Address Proof of applicant, and Certificate of Registration/Incorporation in case of applicants other than individuals. 
• Brand Name/ Logo/ Slogan: You have to provide the details of the Trademark that you’re trying to register.
• Proof of TM Use: Documentary proof such as invoices, registration certificates, etc. with the brand name/Logo. 
• MSME/ Start-up India Certificate: This works as proof of business. Additionally, partnership firms and body corporates (other than an individual) can avail 50% rebate on Government fees if they provide their MSME OR Start-up India registration certificate.
• Power of Attorney: You have to file TM-48. It is a legal document that allows a Trademark attorney to file a Trademark on your behalf with the Trademark registry.
• Board Resolution: Additionally, for private limited or public limited companies, it is mandatory to provide a board resolution from all the directors that allowed the company to apply for a Trademark. Private limited and public companies can only apply for a Trademark after receiving the approval.
• User Affidavit: Moreover, for claiming specific user data, you have to submit a user affidavit. This depends on the Trademark being registered. Your Trademark Attorney will ask for it before application submission.   

Trademark Registration Fees in Kolkata

Trademark Registration fees in Kolkata are of two types:

1. Government Fees:  The one who is applying for Trademark Registration, their business structure decides their government fees. Government fees are INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, generally, the fee is INR 9,000 (Exceptions exist for businesses with MSME or Startup India registration).  
2. Professional Fees: This varies from service provider to service provider.

Here are LegalWiz.in’s Packages:

Relative Grounds of Trademarks Refusal

The trademark registry refuses trademark registration in Kolkata if it finds an existing related mark. They are called Relative grounds for refusal of Trademark. It Includes: 

• Your trademark is similar to an existing mark and the goods/services are also similar to any previous existing mark; 
• Your trademark mark is similar to an existing mark, but there is no similarity between the goods and services of both marks;
• If your mark is deceptively similar to an existing mark. That is, it can create confusion in the minds of the general public;
• It seems that you’re trying to take undue advantage of the goodwill and reputation of a well-known existing mark
• Your trademark is similar to a well-known mark;
• Your trademark is similar to an existing copyrighted work; 
• If your trademark was registered, it could lead to passing off as a non-registered prior existing mark. Passing off means you may be able to create confusion in the minds of consumers and take advantage of an existing mark’s goodwill.

Relative grounds of refusal are not the end of the road. You can file a reply to these objections and still go ahead with your trademark application.

Checking your TM Application Status

The application process for Trademark or logo registration in Kolkata takes a while. It has different requirements from you based on which step the application has reached. Hence, you should check on your trademark application from time to time. To check your trademark status follow the following steps:

1. Go to IP India online website, 
2. Select Trade Mark Application/Registered Mark from the left-hand side menu,
3. Select National/IRDI Number, 
4. After that, enter your Trademark Application Number, enter the captcha, and click on View Button
5. Now you should be able to see your Trademark Application Status. There will also be an alert showing the next steps.

Advantages of Trademark Registration in Kolkata

There are various benefits of trademark Registration in Kolkata. Such as:

Exclusive Rights and Legal Protection: 

Trademark registration in Kolkata provides exclusive rights over the trademark, offering legal protection against unauthorized use. This exclusivity is crucial in a competitive market to safeguard the brand’s identity.

Trust and Goodwill Building:

Registered trademarks contribute to building trust and goodwill among consumers. A recognizable trademark helps consumers associate the brand with quality, making it easier for them to make informed choices and fostering a positive brand image.

Product and Service Differentiation: 

In a bustling market like Kolkata, where numerous businesses operate, having a registered trademark becomes instrumental in differentiating your products or services from those of competitors. It helps create a unique market presence.

Quality Recognition: 

Consumers often attach perceived quality to a brand’s name and logo. A registered trademark enhances this association, making it easier for consumers to recognize and trust the quality of your products and services.

Creation of Tangible Asset: 

Beyond protection, a registered trademark becomes a tangible asset for your company. It contributes to the overall valuation of the business, showcasing the brand as a valuable and distinct entity.

Use of ® Symbol: 

The use of the ® symbol signifies that your trademark is registered, indicating that no one else can use a similar mark. This adds a layer of legal authority and reinforces the uniqueness of your brand.

Long-Term Protection: 

Trademark registration provides 10 years of protection, and the registration can be renewed indefinitely. This long-term protection ensures the sustained safeguarding of your brand against potential threats.

Consumer Loyalty and Retention: 

A registered trademark, being a visual symbol of reliability, plays a crucial role in building consumer loyalty. The positive association with quality encourages repeat business and enhances customer retention.

Strategic Asset for Business: 

Trademark registration goes beyond immediate protection; it becomes a strategic asset for your company. It contributes to the overall value and marketability of the business, especially in the context of potential mergers or acquisitions.

Global Expansion Opportunities: 

The ability to apply for global trademark registration opens up avenues for global expansion. This is particularly significant in a globalized business landscape, allowing businesses in Kolkata to extend their reach beyond national borders while maintaining consistent brand identity and protection.

Conclusion

Trademark registration in Kolkata is vital for any brand or business trying to grow itself. It grants you several advantages that include exclusivity, legal safeguards, licensing rights, etc. However, the Trademark registration process does include several steps, therefore, if you want to get to trademark registered as quickly as possible, taking professional help is very important. With the professional help that LegalWiz.in provides and the various payment packages, you can make thhe process for TM registration in Kolkata hassle-free!