Trademark Registration in Kolkata

Trademark Registration in Kolkata

If you are building your brand in Kolkata, protecting your business name, logo, or catchy slogan should be one of your first steps. A trademark is your brand’s identity. It can be a name, a symbol, a design, or even a short phrase that tells people your product or service belongs to you. Even though trademark registration under the Trade Marks Act, 1999, is not mandatory, having your mark registered gives you a major advantage. It provides complete ownership and the legal right to stop others from copying or misusing your brand.

When you register a trademark in Kolkata, the protection does not stop at West Bengal. Your rights extend across the entire country. The best part is that you do not need to visit any office in person. The entire process can be completed online through the official IP India website.

If you are ready to protect your brand and give it the recognition it deserves, we are here to guide you every step of the way!

What is a Trademark?

A trademark is a mark that represents your brand. It can be a symbol, design, name, or combination. It helps people recognise your products or services, distinguishing them from others.  For example, the Nike logo, Nokia’s ringtone, and so on.

Who Can Apply for Trademark Registration in Kolkata?

• Individual
• Sole Proprietorship
• Partnership Firm
• Limited Liability Partnerships
• Private Limited Company
• Public Limited Company
• One Person Company
• Trust
• Society

Benefits of Trademark Registration in Kolkata

Requirements for Trademark Registration in Kolkata

To register a trademark in Kolkata, you need to make sure:

1. Your mark is unique – it should not look or sound the same as an existing registered mark.
2. It can be shown clearly – you must be able to represent it visually, for example, a logo, word, or symbol.
3. It identifies your goods or services – people should be able to tell that the mark belongs to you.
4. It is not misleading or offensive – it shouldn’t deceive customers or hurt anyone’s religious or national feelings.
5. It’s not a common term – you can’t register everyday words that describe the goods (like “Sweet” for sugar).

Documents Required for a Trademark Registration in Kolkata

You need the following documents for the trademark registration:

1. Trademark/Logo/Wordmark

2. Applicant’s Details

• Name, address, and nationality of the applicant
• Type of applicant (Individual, Company, Partnership, etc.)

3. Details of Goods or Services

• A clear description of goods/services for which the trademark is sought
• Identification of the relevant class based on NICE Classification (1 to 45)

4. Power of Attorney (Form TM-48)

• Authorizes a trademark agent or attorney to file on the applicant’s behalf
• Must be duly signed and executed on stamp paper

In the case of:

1. Individual or Sole Proprietorship

• PAN Card or Aadhaar Card of the applicant
• Proof of business address, such as rent agreement, lease deed, and utility bills for 2 months, etc.)

2. Partnership Firm/LLP

• Partnership Deed or LLP Agreement
• PAN Card of the firm
• Authorization letter (if one partner is signing on behalf of others)
• User affidavit

3. Private Limited/Limited Company/OPC

• Certificate of Incorporation
• Company’s PAN Card
• Board resolution or letter of authorization to file the application

4. Trust or Society

• Registration certificate of the trust/society
• Trust deed or governing rules
• Authorization from the trustees or management body

Optional Documents (If Applicable)

• MSME or Startup India Certificate - To avail of a 50% rebate on government fees for trademark application.
• Translation or Transliteration - Required if the trademark is in a language other than English or Hindi.

Online Process of Trademark Registration in Kolkata

1. Conduct a Trademark Search on the IP India portal to check whether your trademark is registered or not.

2. As per the Nice Classification, trademarks are categorised into 45 classes based on the type of goods or services. Identify the class(es) that represent your mark.

3. Draft and prepare the Trademark application in the Form TM-A. Provide the following details:

• Your name/address, trademark image or text, list of goods/services, date of first use (if any)
• identity proof, business proof (incorporation certificate, partnership deed as applicable), logo/design file
• Goods or services associated with the trademark.
• Description of the trademark
• Date of first use of the trademark, if applicable

4. Go to the IP India e-filing portal, register or log in, and select the trademark section. Upload your filled form TM-A and supporting documents, and attach the Power of Attorney (Form TM-48) if an agent is filing the trademark application.

5. Pay the application fees.

6. Once you submit, the Trademark Office will examine the application. If there are any objections, you have to respond to the application within 30 days.

7. After examination, your application will be published in the Trademark Journal for 4 months to allow others to oppose the trademark registration.

8. If no opposition is filed or if the opposition is resolved in your favour, your trademark is registered.

9. You will receive a Registration Certificate for your trademark. After registration, you can use the ® symbol with your trademark.

Validity and Renewal of Trademark in Kolkata

After your trademark is successfully registered, it remains valid for 10 years from the date of application. The good news is that you can renew it as many times as you want.  

Trademark Renewal Process

• Form TM-R: To renew a trademark, the applicant must file Form TM-R with the prescribed government fee. This should be done before the trademark's expiry date. A grace period of 12 months after expiry is also available, subject to payment of additional fees.
• Documents Required:
• Original Trademark Registration Certificate
• Identity proof of the applicant
• Power of Attorney (Form TM-48), if the renewal is being filed through a trademark agent or attorney

Once the Trademark is renewed, it will again remain valid for another 10 years.

Why Choose Kanakkupillai for Trademark Registration in Kolkata?

Are you thinking about registering your trademark but are not sure where to start? Don’t worry, Kanakkupillai is here to make it easy for you!

You must know that trademark registration in Kolkata involves several steps. You must select the correct class and prepare a set of documents to submit with the trademark application. Our expert team takes care of everything, allowing you to focus on growing your business. We provide:

• End-to-End Assistance: We manage the entire process from trademark search to final approval with complete care and accuracy.
• Experienced Professionals: Our team understands trademark laws and ensures your application is filed correctly the first time.
• Select the perfect class: We help you pick the right class for your goods or services.
• Prepare documentation: We handle the entire documentation process