From the time of the Britishers, Kolkata, the capital of West Bengal, was the trading center of India. This city was very prosperous and opportunistic which is why it was India’s capital during the British Raj. Old name of Kolkata is Calcutta. Although it is not the capital of India at the current time, the opportunities are still there. There are a lot of businesses which are growing in this city which creates a healthy competition in the market. In the era of technology and competition it is really important for a business to protect its intellectual properties which are intangible in nature, especially the trademark. Trademark is the one which creates brands. Hence if you are starting a business in Kolkata, you must take trademark registration in Kolkata. If you are not aware about the process of obtaining trademark registration then you must continue to read his blog till the end.
What is Trademark Registration?
Both tangible and intangible property types require legal protection. Protecting actual assets is simple, but protecting intangible assets is more difficult. Trademarks are an example of this kind of intangible property. Any sign, symbol, mark, or logo can be a trademark. They come in various patterns and color schemes. They are distinctive and aid in identifying a specific kind of brand. According to the Trademark Act of 1999, registration is required in order to protect them from any type of infringement. And in India, this registration is referred to as a trademark registration. The following are some crucial pointers with reference to this registration:
- Make sure your trademark is distinctive in order to avoid rejection.
- Hire a trademark lawyer so they can complete it flawlessly and without making any mistakes.
- Prior to the start of the registration process, documents must be gathered.
- Make sure your trademark is connected to your company in some way.
- Trademarks cannot include any of the forbidden marks. These are the trademarks that cannot be obtained.
- Obtaining MSME registration will enable you to register a trademark for less money.
Types of Trademark Registration in India
There are different types of trademark registrations in India. If one wants to take trademark registration in Kolkata, they can opt for one of them:
- Product mark are for the different types of goods and products
- Service mark are related to the services which has been provided by the business owner
- Collective marks represent both goods and services simultaneously. This is introduced because there are certain businesses who serves both goods as well as services
- Certification marks are related to the quality of the products. Best example can be the BIS certification
- Shape mark are given for particular types of shapes, this is very evident by its name
- Pattern mark are given for some particular type of patterns which are unique
- Sound marks are given for sounds. I-phone ringtone is one of the example of the sound mark
Process of Obtaining Trademark Registration in Kolkata
Given below is the process to obtain trademark registration in Kolkata:
- Before you apply for a registration of a trademark in the city of Kolkata, it’s essential to conduct a thorough search or research in order to obtain a unique and not already registered trademark.
- Determine the appropriate class or classes under which your goods or services fall.
- Create a unique trademark in order to take registration of a trademark in the city of Kolkata
- Visit the official website of intellectual property
- You can apply for trademark registration in Kolkata online through the same website
- Fill the application for, for trademark registration in Kolkata
- After completing the application check it once
- Pay the required fees and submit the application before the registrar of trademark
- The trademark office will examine your application
- If there are no objections or once they are resolved, the trademark application will be published in the Trademark Journal.
- If no opposition is filed, or if opposition which has been filed is unsuccessful in that case your trademark will proceed to registration.
- After all the above steps you will receive a registration certificate for your trademark. And after getting registration nobody else can use your trademark
Documents Required for Trademark Registration in Kolkata
Some of the key documents required for the trademark registration in Kolkata are:
- Name and address proof of the applicant is needed in order to complete the registration process
- Details of the trademark which has been created in order to obtain trademark registration on the same
- Clear representation of the trademark is also required, hence you must have the same
- A well defined list of all the goods or services which has been covered by the trademark
- Signed and notarized Power of Attorney is also needed in case you have hired an attorney to do your registration
- Details of the entity and key persons of the entity which includes but not exhausted to the name of the entity, address of the entity, name of the directors with their address and id proof.
- Business address proof of the entity is must. It can be a rent agreement in case office is on rent otherwise utility bill will work
Benefits of Registration of Trademark in India
There are various benefits of a trademark registration in Kolkata, some of them are mentioned below:
- Protection of logo, mark, symbol and sign related to the particular businesses in the market
- Creates a unique brand name in the market among the competitors, consumers as well as investors
- Provides security against infringement of your logo, sign, symbol and mark. In case infringement is happen he or she will have to pay for the same
- Protection against the brand name so that no one else can use your brand name
- Easy online procedure to register, hence anybody can opt for the same
- In less investment one can protect its brand name
- Increases your credibility and reliability in the market among the consumers
- Gives separate recognition in the market among the competitors, consumers as well as investors
- Build customers in the market
- Special recognition has been given
- In the initial stage itself one will protect its trademark for a long period of time that is 10 years
Is it Necessary to Hire a Trademark Attorney for Trademark Registration?
In one word no, it is not at all necessary to hire a trademark attorney in order to obtain trademark registration in Kolkata. But it is always suggested to hire the same for the following reason:
- For the registration of trademark knowledge of trademark law is necessary which a laymen does not have
- Mistake is not at all allowed in the application
- There are chances of rejection in case of mistake in the application or sometimes it may delay the application
- In certain situation you may require knowledge of law
- For filing the reply of the opposition one needs help of the trademark attorney
- In the initial stage itself for the trademark search an attorney is needed
- Smoothly completes the process
- He or she will complete the application error free
Conclusion
Trademark registration in Kolkata is a crucial step for businesses aiming to safeguard their intangible assets, like logos or symbols, in an increasingly competitive market. The process involves ensuring the uniqueness of your trademark, determining the appropriate class for your goods or services, and submitting an application online via the official intellectual property website. Once approved and any objections are resolved, your trademark gets published, and upon successful registration, you’ll receive a certificate. This safeguards your brand, offers protection against infringement, and boosts credibility and recognition, all at a relatively low cost. Trademark registration is a vital move for businesses looking to establish their brand in the vibrant city of Kolkata.
