source: ipleaders

As per the Trademark Act of 1999, you can register a trademark to separate a product or service from other products or service providers. The Regulator General of Patents Designs and Trademarks, Ministry of Commerce and Industry takes care of the Trademark registration in India. Having this mark allows you to prevent unauthorised use of your company’s name without your consent.

This article guides you through every aspect of Trademark registration in Kolkata such as its types, process, required documents and more. Read along to get your trademark registration done effortlessly.

Here are the types of trademark registration carried out in Kolkata. These are as follows:

1. Product Mark: A product mark is used to distinguish a particular product or goods to maintain the reputation of a business with its uniqueness.
2. Service Mark: It is used on services and for all non-product items. It separates one legal service provider or proprietor from other service providers.
3. Shape Mark: A shape or form mark to protect the shape of a specific product so that consumers associate it with a particular manufacturer and choose to buy that product.
4. Sound Mark: Sound mark identifies a type of sound associated with a specific tune or sound of a service provider so that no other company can use it without its permission.
5. Pattern Mark: It is used to mark a specific pattern of a product or service of a company indicating its unique pattern.
6. Collective Mark: This mark represents unique characteristics of a collaboration of a group of people such as an association, public Institution, Section 8 company etc.
7. Certification Mark: The certification mark is a label that signifies the origin of a product, its quality, material and other specific details ensuring high quality and the actual standards of the product that has passed different quality standard testing.

As per the Trademark Act of 1999, there are 45 classes of trademarks of goods or services to represent your business or organisation in India. Further, there are 11 types of services and 34 types of goods among the 45 classes of goods. A trademark class is essential while filing a trademark registration application as it can hamper the whole registration process.

Any person or company can protect the uniqueness of their products or services through the application of Trademark registration. Following is a list of the individual or entities eligible for filing a trademark registration:

• A person or individual
• Joint owners of a company or organisation
• Any Indian Company
• Foreign Company
• Partnership Firm
• Proprietorship Firm
• Society or Trust
• Limited Liability Partnership or LLP

You need to provide a few proofs for trademark or brand name registration in Kolkata. Here is a list of the documents that will help in the process:

• Identity, nationality and address proof
• Proof of business such as MSME or Start-Up India Certificate
• Your trademarks such as Brand Name, Logo or Slogan
• Power of Attorney such as TM-48 filing
• Documentary proof such as registration certificates and invoices with the Trademark
• User Affidavit
• Board Resolution

For online Trademark registration in Kolkata, one has to follow some steps to complete the registration properly. These steps are as below:

Step 1: Find out the correct trademark class for your registration of products or services before applying for trademark registration.

Step 2: Now, verify if your trademark is already registered or not. 

Step 3: You can check your trademark on the IP India Trademark website.

Step 4: Fill out and submit your trademark application online on the IP India website.

Step 5: After this, the Registrar will evaluate your Trademark if it is authentic for Trademark Registration.

If the registrar disapproves your trademark request, a Trademark Attorney has to file replies for you, or you can simply abandon the application by not replying at this step.

Step 6: Once the trademark is approved, it will be published in the Trademark Journal.

Step 7: Finally, you can acquire a registered trademark certificate if there is no opposition or if the trademark registry found your replies satisfactory to the opposition.

If you want to apply offline, you must visit the respective trademark registration office in Kolkata.

Step 1: Reach your nearest Trademark registration centre according to your district.

Step 2: You must carry all the required credentials for the abovementioned documentation.

Besides, you must carry all the original copies of your documents if they need scanning.

Step 3: Then, the registry operator will process your Trademark registration application online.

Step 4: After that, the operator will provide you with an application number as an acknowledgement of your successful submission of the registration.

Step 5: Finally, you will receive an SMS showing the status of approval or rejection.

The officials will verify if there is any similarity in your Trademark with others after you file an application. They will also check the documents you have provided before approving your registration. If you get approval from the Trademark registry, they will deliver your Trademark registration certificate through the post to the address you provided during the application.

Having discussed the application process, now let us find out how to check the status of your Trademark application.

To check the status of your Trademark registration application, follow the steps below:

Step 1: Visit the official website of IP India online.

Step 2: Select 'Trade Mark Application/Registered Mark' from the left side menu.

Step 3: After that, click on 'National/IRDI Number'.

Step 4: Now, provide the Trademark Application Number, and the captcha, and click on the 'View' button.

After this step, you can check your Status of Brand registration in Kolkata. Moreover, you can also notice an alert indicating its next steps.

Trademark registration in Kolkata charges 2 types of fees from the applicants during the registration process. These charges include:

• Professional Fees: Professional fees can vary for different service providers.
• Government Fees: Government fees depend on the organisation or company's business structure that applied for a Trademark registration. The fees can be ₹ 4500 for a sole proprietor or an individual. On the other hand, the registration fees can be ₹ 9000 if the owner is a non-individual applicant.

However, you can notice exceptions for businesses such as Startup India or MSME registration in Government fees for brand name registration in Kolkata.

Note: Objections Dependent Charge Drafting legal responses to objections can and would depend on how complex the matter is.

Trademark registration serves several benefits depending on its goods or services in the long run. These are as follows:

• Legal Protection: A trademark legally protects a business or service provider against the unauthorised use of its trademark.
• Builds Loyalty: It represents the loyalty of a company and develops confidence and clientele for the long term.
• Brand Recognition: It distinguishes your brand name, logo, and symbol and lets your customers identify your brand and purchase your services or products. Further, it also adds brand recognition over time.
• Asset Creation: A trademark is an intangible asset for a business as it brings and retains its consumers with its distinct identity.
• Exclusive Right: Trademark registration offers exclusive rights to claim all ownership rights if someone infringes on one’s trademark. Besides, it utilises its ownership through several platforms with the medium of the Internet and social media.
• Protection Against Infringements: It safeguards the brand name if someone misuses or misleads the company’s name without the permission of the owner. Further, the registered owners can easily prove their case in court within less time.