Trademark Registration in Kolkata

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TRADEMARK REGISTRATION IN KOLKATA COST BREAKDOWN

ConsultancyFREE

Trademark Name SearchFREE

Government Fee for Individuals and startups Rs 4700.00*

Professional fees Rs 1500.00***

TotalBuy Now Rs 6200.00**

Online Trademark Registration in Kolkata

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.

 

Reason and Need of Trademark Registration in Kolkata

There are many reasons for which Trademark Registration in Kolkata should be done:

  • It helps in the identification of an owner and the services and goods offered by him.
  • It facilitates in the advertisement of services and goods and generates an image of these services and goods that leads to more purchase.
  • It is a symbol of affiliation and loyalty and may promote consumers to build a particular lifestyle.

 

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.

  • The person claiming proprietorship has to file an application in the Trademark Registry’s office that is located within the territorial limits of where the business is conducted in Kolkata.
  • The registrar examines the application and ascertains the distinctiveness of it by ensuring it is not in conflict with the pending or already registered trademarks and issues an examination report.
  • The trademark Journal publishes the application before or after its acceptance.
  • A third party may oppose the registration within a period of three months which might be extended maximum to one month.
  • The registrar has to register a trademark in a case where the opposition decides in applicant’s favour.
  • The registrar has to issue a Trademark Registration Certificate to the applicant on registering the Trademark.

 

Minimum Requirements For offline or online Trademark Registration in Kolkata

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.

Documents Required For Trademark or Brand Registration in Kolkata

For the registration of the trademark the documents that are required are:

  1. Power of attorney.
  2. Trademark or logo copy.
  3. Board Resolution (in case of a company).
  4. Deed (in case of LLP).
  5. Incorporation Certificate (in case of a company).
  6. MSME certificate (in case of a small company).
  7. Basic trademark registration form (TM-A).

Along with these documents some mandatory information has to be furnished in order to file them for the trademark registration application:

  1. Applicant details.
  2. Company details.
  3. Date of first use of the trademark.
  4. Goods or services which are to be registered.

 

Benefits of Trademark Registration In Kolkata

 

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.

TIME TAKEN in registration process

2 to 4 working hours

DETAILED TRADEMARK CHECK

3 working days

TRADEMARK APPLICATION FILING ( TM )

12 to 24 month

TRADEMARK REGISTRATION – TM Registry's Process ®

Frequently asked questions

 

What are the qualities of a good trademark?

The qualities of a good trademark are
i. Easy to pronounce, spell, memorize. 
ii. Unique.
iii. Descriptive.

 

Whether the trademark registration is mandatory in Kolkata?

No, in Kolkata trademark registration is not mandatory. However, it is advisable. 

 

What can be the registered trademarks in Kolkata?

The following can be the registered trademarks in Kolkata-

  • Names
  • Coined words
  • Numerals
  • Letters
  • Devices
  • Combination of colours
  • Shape of goods
  • Slogans
  • Sound marks
  • Signature
  • Domain name

 

Can three-dimensional trademarks be registered in Kolkata?

Yes, 3-D trademarks can be registered in Kolkata.

 

Can sound and smell be registered as a trademark?

Yes, sound and smell can be registered as a trademark.


Is itpossible to have descriptive trademarks registered in Kolkata?

No, it is not possible to have the same registered in Kolkata.

 

Can a multiclass trademark application be filed in Kolkata?

Yes, a multiclass application can be filed.

 

What is the term trademark registration in Kolkata?

The term for trademark registration in Kolkata is ten years. 

 

What is the period of limitation for filing a suit of infringement of the trademark in Kolkata?

Three years is the limitation period. 

 

Does Indian trademark law bestow protection to unregistered trademarks?

An action for passing off lies for infringement of an unregistered trademark.