An Overview of Trademark Registration in West Bengal

West Bengal is located or placed in the Eastern part of India, and it has the hub of steel & iron, leather, chemicals, food processing, automobile, pharmaceuticals, Paper manufacturing, electronics, and various others. People of West Bengal are dependent on forestry, mining, and agriculture. This state gains an immense amount from foreign investment in electronics & software areas and has seen quick growth in the economy. For promoting commercial activities in West Bengal, the Government of Indian, under the Trade & Merchandise Marks Act, 1958, established Kolkata as Trademark Office in West Bengal to take all the activities related to the Trademark Registration in West Bengal, Assam, Bihar, Tripura, Arunachal Pradesh, etc. The Trademark Registry Office grants right over the mark to a company on the product or item, and it helps in preventing the fraudulent use of the symbol.

Who is Eligible for Trademark Registration in West Bengal?

Any person or any legal entity can apply for Trademark Registration to safeguard their goods/services. The Trademark application for Registration has to be filed, mentioning the name, Trademark, and address of the Trademark owner along with the Power of Attorney and agent. Following entities are applicable to do a Trademark Registration in West Bengal:

1. Proprietorship Firm;
2. Partnership Firm;
3. LLP (Limited Liability Partnership);
4. Society or Trust;
5. A Person or an Individual;
6. Joint Owners;
7. Indian Company;
8. Foreign Company.

Benefits or Advantages of Getting a Trademark Registration in West Bengal

Following are the benefits/advantages of Trademark Registration in West Bengal:

• Differentiates Product: It makes it easier for customers to know or identify your products. It makes your products or service distinctive, not quite the same as that of the contemporary and expected challengers and goes about as an efficient promotional tool.
• Use of the Symbol: When the Trademark is procured, you can use the sign on your logo expressing that it’s an enrolled Trademark and no one can use an identical Trademark. It’s selective of an extensive range of utilisation just as rights.
• Protection against Infringement: No other individuals or opponents can use the registered logo by you under Trademark. If, regardless, one uses it without the endorsement of the Trademark owner or make any illegal use of the same, the owner can get the action under the Act.
• Exclusive Rights: The owner or proprietor of a registered Trademark has the advantage of selective right over the Trademark. The owner can use the same for every one of the products/goods that come under the class submitted in the Trademark application. Further, the owner can enjoy the responsibility for the Trademark and can prevent others from the unapproved utilisation of the Trademark under an identical class where it is registered.
• Builds Understanding and Trust: The trustworthy excellence of your products and services are known by everyone via the Trademark and which builds understanding & trust among the customers in the market.

Essential Documents for Trademark Registration in West Bengal

Following are some vital documents required for Trademark Registration in West Bengal:

• Crucial Documents for Proprietorship Firm:

1. Aadhaar Card of the applicant;
2. Address Proof of the applicant;
3. Logo, Word, mark, or Company Name;
4. Signature of the Applicant;
5. Signed Power of Attorney (POA);
6. Signed Form TM-48.

• Crucial Documents for LLP or Limited Liability Partnership:

1. LLP Incorporation Certificate;
2. LLP Agreement;
3. Logo, Word, mark, or Company Name;
4. Udyam or MSME Registration certificate;
5. Identity & Address Proof of the Signatory;
6. Signed Power of Attorney (POA);
7. Signed Form TM-48.

• Crucial Documents for Partnership Firm:

1. Partnership Deed;
2. Logo, Word, mark, or Company Name;
3. Udyam or MSME Registration Certificate;
4. Signature of the Partner;
5. Identity & Address Proof of the Signatory;
6. Signed Power of Attorney (POA);
7. Signed Form TM-48.

• Crucial Documents for Private Limited Company:

1. Incorporation Certificate;
2. Logo, Word, mark, or Company Name;
3. Udyam or MSME Registration Certificate;
4. Identity & Address Proof of the Signatory;
5. Signed Power of Attorney (POA);
6. Signed Form TM-48.

• Crucial Documents for Trust or Society:

1. Name & Address of Society or Trust;
2. Registration Certificate;
3. Logo, Word, mark, or Company Name;
4. Identity & address proof of the signatory;
5. Signed Power of Attorney (POA);
6. Signed Form TM-48.

Procedure for Trademark Registration in West Bengal

Following is the online procedure for Trademark Registration in West Bengal:

Step 1: Trademark Search: The first step is the Trademark Selection. It is advisable for the Trademark owner to search the Trademark records registry and make sure that the proposed Trademark doesn't resemble or is similar to the registered mark.

Step 2: Filing: After Trademark Search, the next step is to file a Trademark application; the application can be filed in a single or multi-class depending on the products and services the business pertains to. The application is Form TM-A should be filed and submitted to the Trademark Office.

Step 3: Examination: After filing the application, an examination report is issued by the examiner with the guidelines of the Trademarks Act, 2016.

Step 4: Advertisement of Trademark: Once the application has been accepted, the proposed Trademark is advertised or published in the Trademark Journal for a period of four months. The purpose behind the advertisement and publication is to invite the public to file an opposition against the Trademark Registration.

Step 5: Opposition: After the advertisement, any individual can file a notice to oppose against the published Trademark. This notice is opposed to the Trademark must be filed within 4 months from the date of publication.

Step 6: Trademark Registration Certificate: The final step towards the entire process is Registration, where the application proceeds to Trademark Registration after conquering the objection and/or the opposition against the concerned Trademark Registration.