Trademark Registration in Kolkata– Process, Cost, and Documents Required

Published On: Jan 16, 2023Last Updated: Jan 16, 20237.9 min read

Kolkata is the capital city of West Bengal and is a major city in eastern India. It is the main point of communication with the northeast, all major trade with the North East is done via Kolkata. Because of this Kolkata is a highly preferred location for businesses who want to set up a venture in eastern India. Kolkata is famous for housing a lot of IT companies as well as textile factories and local artisans. Due to the unique location of Kolkata, and its ability to interact with the northeast as well as the rest of India, there are several businesses in Kolkata. Hence, going for Trademark (TM) registration in Kolkata is necessary for any business. TM registration helps businesses stand out and protect their brand. It is also very important for businesses that want to expand all over eastern India.

In this article, we will talk about everything you need to get a trademark registration in Kolkata.

Advantages of Trademark Registration in Kolkata

  • Exclusive Rights over the trademark.
  • Builds Trust and Goodwill amongst consumers.
  • Differentiates your Product or Services from that of your competitors
  • Consumers tend to attach quality to a brand’s name. If your brand has an identifiable trademark, consumers can recognize the quality of your products and services more clearly.
  • Creation of Asset for your company
  • Use of ® Symbol stating no one else can use your trademark
  • 10 years of protection for your Trademark which you can renew infinite times.
  • You can apply for Global Trademark Registration

Process of Trademark Registration in Kolkata

The Trademark registration process is quite vast and requires the help of legal experts. In summary, it has the following steps. We’ve divided it into 3 parts.

Before submitting the application

  • First, you have to pick the apt Trademark class for registration of your goods or services.

Use Our Trademark Class Search Tool:

  • Secondly, you need to check if anyone else has already registered a similar Trademark. To check, you have to use the IP India Trademark website.

Submitting the application

  • Thirdly, you have to fill out and submit a Trademark application either at the Trademark Registry or online on the IP India website. You can start using the TM symbol next to your Trademark after successful submission.

All the steps that have been mentioned so far, including submitting the Trademark application can be finished within 4 days if you opt for LegalWiz.in’s services.

After submitting the application

  • The fourth step is for the Registrar to examine your Trademark and evaluate if it’s appropriate for Trademark Registration. They will either raise objections or approve the Trademark. In case of objections, you need a Trademark Attorney to file replies. You can also choose to not submit any reply and abandon the application.
  • Once approved, the Trademark is published in Trademark Journal. Any person who feels that this Trademark is similar to their Trademark is required to file an opposition within 3 months from publication. If you receive opposition, once again you need a Trademark Attorney to file replies to it. The Trademark registry will evaluate your replies with the other party’s statements and decide if you can register your Trademark. You can also abandon the application at this point by not filing any replies.
  • Finally, you will receive your registration certificate if there was no opposition or if the Trademark registry found your replies to the opposition to be satisfactory. After this, you can use the ® symbol next to your Trademark.
  • You need to renew a Trademark every 10 years. Trademarks can be renewed infinite times; you can own a Trademark forever.

To understand the Trademark Registration Process in detail, you should go through this article: Understanding Trademark & its Registration Process in India

Documents Required for Trademark Registration

You need to provide the following documents for Trademark Registration in Kolkata:

  • Proof of Applicant: This includes documents such as PAN, Address Proof of applicant, and Certificate of Registration/Incorporation in case of applicants other than individuals. 
  • Brand Name/ Logo/ Slogan: You have to provide the details of the Trademark that you’re trying to register.
  • Proof of TM Use: Documentary proof such as invoices, registration certificates, etc. with the brand name/Logo. 
  • MSME/ Start-up India Certificate: This works as proof of business. Additionally, partnership firms and body corporates (other than an individual) can avail 50% rebate on Government fees if they provide their MSME OR Start-up India registration certificate.
  • Power of Attorney: You have to file TM-48. It is a legal document that allows a Trademark attorney to file the Trademark on your behalf with the Trademark registry.
  • Board Resolution: Additionally, for private limited or public limited companies, it is mandatory to provide a board resolution from all the directors that allowed the company to apply for a Trademark. Private limited and public companies can only apply for a Trademark after receiving the approval.
  • User Affidavit: Moreover, for claiming specific user data, you have to submit a user affidavit. This depends on the Trademark being registered. Your Trademark Attorney will ask for it before application submission.   

Relative Grounds of Trademarks Refusal

The trademark registry refuses trademark registration if it finds an existing related mark. They are called Relative grounds of refusal. It Includes: 

  • Your trademark is similar to an existing mark and the goods/services are also similar to any previous existing mark; 
  • Your trademark mark is similar to an existing mark, but there is no similarity between the goods and services of both marks;
  • If your mark is deceptively similar to an existing mark. That is, it can create confusion in the minds of the general public;
  • It seems that you’re trying to take undue advantage of the goodwill and reputation of a well-known existing mark
  • Your trademark is similar to a well-known mark;
  • Your trademark is similar to an existing copyrighted work; 
  • If your trademark was registered, it could lead to passing off as a non – registered prior existing mark. Passing off means you may be able to create confusion in the minds of consumers and take advantage of an existing mark’s goodwill.

Relative grounds of refusal are not the end of the road. You can file a reply to these objections and still go ahead with your trademark application.

Checking your TM Application Status

The trademark application process takes quite a while. It has different requirements from you based on which step the application has reached. Hence, you should check on your trademark application from time to time. To check your trademark status follow the following steps:

  1. Go to IP India online website, 
  2. Select Trade Mark Application/Registered Mark from the left-hand side menu,
  3. Select National/IRDI Number, 
  4. After that, enter your Trademark Application Number, enter the captcha, and click on View Button
  5. Now you should be able to see your Trademark Application Status. There will also be an alert showing the next steps.

Fees & Cost for Trademark Registration in Kolkata

Trademark Registration carries two types of costs:

  1. Government Fees:  The one who is applying for Trademark Registration, their business structure decides their government fees. Government fees are INR 4,500 if the applicant is an individual or sole proprietor. For non-individual applicants, generally, the fee is INR 9,000 (Exceptions exist for businesses with MSME or Startup India registration).  
  2. Professional Fees: This varies from service provider to service provider.

Here are LegalWiz.in’s Packages:

Business Package from INR. 6,499

  • Online TM Application under 1 class
  • Trademark Search Report
  • Authorisation Letter (GPA)
  • Stamp Duty on Authorisation Letter
  • Suggestion for selection of class for Application
  • Final Application Filing using Registered Attorney
  • Filing of Applications for Individuals or Start-Ups or Small Companies

Executive Package from INR. 8,199

  • Online TM Application under 1 class
  • Trademark Search Report
  • Authorisation Letter (GPA)
  • Stamp Duty on Authorisation Letter
  • Suggestion for selection of class for Application
  • Final Application Filing using Registered Attorney
  • Filing of Application for Individual or Start-Ups or MSME
  • MSME Certificate

Premium Package from INR.10,999

  • Online TM Application under 1 class
  • Trademark Search Report
  • Authorisation Letter (GPA)
  • Stamp Duty on Authorisation Letter
  • Suggestion for selection of class for Application
  • Final Application Filing using Registered Attorney
  • Filing of Applications for other categories of Applicants (LLPs, Pvt Ltd, Public Ltd, OPC, etc)

Frequently Asked Questions

No. Trademark Registration with the Indian Trademark Registry gives you Trademark protection in India. Trademark Registration with the USPTO gives you Trademark protection in the USA.

A well-known mark is a trademark that has become widely known to the public. Such a Trademark is protected even without registration and is protected across classes.

No, Trademark registration is not very expensive. It ranges from INR 6,500 to INR 10,000.

Other Trademark Related Services in Kolkata

Other IP Registrations in Kolkata

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Monjima Ghosh
About the Author

Monjima Ghosh

Monjima is a lawyer and a professional content writer at LegalWiz.in. She has a keen interest in Legal technology & Legal design, and believes that content makes the world go round.

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