An Overview of Trademark Registration in Kolkata
According to the Trademark Act, 1999, anyone can register their Trademark in Kolkata. Trademark Registration allows you to have exclusive rights over all companies of your brand by restricting others from using them. This confirms that all the hard works that you put into the branding & content of your brand don't finish up being abused or incorrectly used by others. Trademark Registration in Kolkata will guarantee that your slogans, logos, names, words, packaging of products and every distinctive feature of our brand identity are safeguarded from illegal usage under the exclusive rights of ownership.
Trademark Registration in Kolkata can be attained by any legal company or any individual. For the Trademark Registration in Kolkata, you have to follow different steps in addition to this, and it also requires regular follow-ups from the Government. That's why it is necessary to hire an expert who can assist you in this process.
What is Trademark Class?
Controller General of Patents, Designs &aamp; Trademarks have categories of products and services under 45 different Trademark Classes. Your Trademark application should mention the Trademark Class/Classes that the products or services represent. The Trademarks are only registered under such classes. For each class, a separate Trademark application is filed by paying the prescribed Government Fee.
Following are some popular Trademark Classes:
- Trademark Class 25
For Clothing, Footwear.
- Trademark Class 42
For scientific, computer-related & other technological services.
- Trademark Class 35
For advertising & business management services.
Who can obtain Trademark Registration in Kolkata?
An application for Trademark Registration in Kolkata can be made by:
- An Individual or Person
An individual or a person not doing any business in Kolkata is also eligible to file an application for Trademark Registration in Kolkata. While filing the application as an individual or person, the applicant's full name is required for the application.
- Joint Owners
If two individuals want to come together and decide to file an application, then the full names of both the individual should be maintained on the application.
- Partnership Firm
In this case, the names of all the partners should be mentioned on the application form. Such firms are not considered as a separate lawful entities, and therefore, all the partners' names should be mentioned in the application. In case the Partnership Firm comprises a minor in the partnership, then the guardian's name representing the minor should also be mentioned in the Trademark application.
- LLP or Limited Liability Partnership
In this case, the application for registration should be made in the name of LLP. Hence, the partner by themselves cannot be the candidate, wherein the Trademark should belong to a Limited Liability Partnership.
- Proprietorship Firm
In this case, the full name of the proprietor should be mentioned in the Trademark application. A proprietorship name or business name is not acceptable as the individual's name; this is because a proprietorship name or business name is more in the alias' nature for the original person, and these firms are not a separate legal entity. Thus, if a business name or proprietorship name is included on the application in addition to the individual applicant’s name.
- Foreign Company
In this case, the application for Trademark Registrationmust be made in its corporate names as incorporated under the foreign country. The nature and country of registration & the law under which the company is registered are to be mentioned. In case the foreign company has no business place in India or Kolkata, then the address of the applicant for service in India should be mentioned in the application,
- Indian Company
In the case of Public Limited Company, Private Limited Company or One Person Company (OPC) making an application for Trademark Registration in Kolkata, the application should be made in the company's name. A company is a registered body with its identity other than its director; hence, a company's director cannot be the applicant, although the application can be signed & submitted by any Officer or Director certified by the company.
- Trust or Society
If a Trademark application for the registration is made on behalf of a Society or Trust, the name of the Chairman or Managing Trustee or Secretary representing the Society/Trust should be mentioned.
Advantages of Trademark Registration in Kolkata
Following are the advantages of Trademark Registration in Kolkata:
- Trademark as an Asset
Once the Trademark is registered, you can sell it, commercialised it, franchise it, transfer it because it becomes your asset. This will bring the owner or firm a lot of benefits.
- Protects the Commercial Goodwill
As a registered Trademark owner, you will have the exclusive right to update, create & safeguard the goodwill of your products and services. In case an infringer or violator uses your registered Trademarks illegally, you can sue them for it.
- Help in Advertising
A Trademark is a vital and important step in encouraging the process of branding your products or services. A Trademark helps your clients to differentiate your brand from others and give it some legality as well.
- A Trademark will get your brand protection under Law
By getting lawful protection in case of a Trademark Infringement or any other illegal activities involving your brand’s name or content without your understanding can only be possible once you get Trademark Registration in Kolkata.
Documents Required for Trademark Registration in Kolkata
Following are some vital documents for Trademark Registration in Kolkata:
- Submit PAN Card of the applicant;
- Address proof of the applicant;
- Submit the logo, and it must contain the brand name;
- In case of claim of a specific user date submit User Affidavit;
- Proof of Trademark use such as invoice or COR (Certificate of Registration), etc.
- A duly signed Form TM-48;
- Start-up recognition certificates, MSME, to avail up to 50% concession on the Government fees.
How to get Trademark Registration in Kolkata?
Following is the step by step process of Trademark Registration in Kolkata:
- Form Fill-up & Document Submission
First, you have to give some basic details, submit all the required documents and choose an appropriate class and then we will run availability checks on your Trademark & Search.
- Preparation & Drafting
After filing all the documents along with the application form, our professional experts will draft all your vital documents and prepare for filing the application form for Trademark Registration in Kolkata.
- Application Filing
Then, we will file your Trademark Registration in Kolkata, West Bengal application and then share the receipt with the filed application copy with you; then, you can start using the TM symbol with your brand logo.
Validity of Trademark Registration in Kolkata
Once the Trademark gets registered, it is valid for ten years from the day of application. A company or an entity has to file a request for the Trademark renewal six months before the expiration date of the last registration of the Trademark. It is vital to renew the Trademark every ten years. The Trademark Registration in Kolkata under the Trademark Act is valid in India only and not in any other nation.
Note: Your Trademark can be removed or annulled in the case of non-use. If your Trademark is not used constantly for five years, you have to apply for Trademark removal three months prior to the expiration date of the five years to get it removed in a hassle-free manner.