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Trademark a sign used by businessmen or traders to differentiate their services and goods from others. A sign may include anything from a label, slogan, title, colour word or a heading etc. It indicates the origin of trade and is an effective tool for marketing, highlighting the services and goods of a trader. In Kolkata, for registration of a sign, it should also be capable of being expressed through graphic representation that includes pictures, words or both. Other significant factors for trademark registration in Kolkata are as follows:
Trademark registration is legally recognized and derives its legitimacy from the Trade Marks Act of 1999.
The Act allows for registration of trademarks that are used or that will be used by an owner to indicate his identity and draw a connection between him and his goods through these marks and confers the right to exclusive use of such marks.
Registration of Trademark in Kolkata is valid for a time period of Ten years but is renewable according to the rules of Trademarks Act, 1999 after payment of a required sum of money that is prescribed.
It is necessary to renew a trademark registration by filing an application for the same within six months from the date of expiry of the last registration of the trademark.
Kolkata is the land of Goddess Durga. According to the myths, Kolkata (or Bengal) is considered as the maternal home of Durga where she arrives along with her children, Ganesha and Kartikeya, and sisters Lakshmi and Saraswati, for a short break from her matrimonial home, Kailash (Himalaya). She is worshipped as a daughter here. People here in Kolkata consider Pujo (or Puja) more as a feeling than a festival. During the Pujo days, pandal hopping is the favourite activity of the people here. The vibrant, unique and diverse statues of Durga, mesmerizes anyone who pays a visit here.
Register your trademark from Kolkata with Company Vakil.
There are many reasons for which Trademark Registration in Kolkata should be done:
Offline or Online Trademark Registration in Kolkata Process
· It is recommended to engage in a trademark research concerning relevant classes before applying for its registration to avoid the possibility of another similar or identical trademark that might have been registered for which an application has been submitted.
Applicant has to furnish his Full name and address in the application and mention other details such as specific individual names of goods or services, their class, and the International class to which they belong. Other specifications to be included are device, mark, figure, character, logo or colour of the services and goods.
For the registration of the trademark the documents that are required are:
Along with these documents some mandatory information has to be furnished in order to file them for the trademark registration application:
A registered trademark is useful for businesses and also benefits the consumers in a number of ways such as:
Right to Exclusive use: It enables the proprietor to exclusively use the mark for his goods and services. In case his trademark is used in an unauthorized manner, he retains the right to sue in case of infringement of his right and powerful remedies are granted to him by law.
Right to Hypothecation: One can pledge a registered trademark as security to avail loan facilities.
Right to enjoyment of Intangible Property: It symbolizes and creates an intangible property that is identifiable in the eyes of law. It indicates the goodwill or reputation of a product.
Right to License: A license of a trademark is capable of being recorded on trademark register. This enables the licensee to imitate legal proceedings in case his rights are infringed upon.
Right to Assign: One can transfer it, unlike a common law trademark, which is transferable only with the business because it derives its goodwill from the business and the two are not severable.
Right to deter: It acts as a deterrent to other businessmen to not use similar trademarks in connection to services and goods offered by its original owner.
Useful in proceedings: Registered trademark acts an evidence for validation of proprietorship rights attained by registration.
Right to use the word registered or “R”: It also helps the consumers to make a rational decision while buying goods by searching for good brand names of their choice and avoiding the ones that gave them a bad experience.
The qualities of a good trademark are
i. Easy to pronounce, spell, memorize.
No, in Kolkata trademark registration is not mandatory. However, it is advisable.
The following can be the registered trademarks in Kolkata-
Yes, 3-D trademarks can be registered in Kolkata.
Yes, sound and smell can be registered as a trademark.
No, it is not possible to have the same registered in Kolkata.
Yes, a multiclass application can be filed.
The term for trademark registration in Kolkata is ten years.
Three years is the limitation period.
An action for passing off lies for infringement of an unregistered trademark.