In India, trademarks are governed by the Trademark Acts 1999. Trademarks play a crucial role in distinguishing the products and services from the others as there are many similar products in the market. It helps specify the products and services by words, symbols, phrases, designs, or a combination of all of these.
Documents Required for Trademark Registration
Process of Trademark Registration
- Trademark search: The first step is to conduct research on the trademark that you have chosen for your product & services to make sure that it is unique and isn`t already in use. It can be done by using the IP India Trademark Public Research database.
- Filing the Application: After the trademark research, the next step is to fill out the application form online via the IP India e-filing portal or offline at the appropriate Trademark Registry Office. The application includes the following things
- TM-A, Trademark Application Form
- Power of Attorney
- Description of goods & services
- Applicant details
- Date of first use of Trademark
- Business registration proof & other necessary documents
- Examination of application: After the filing & submission of the application, it is examined by the Trademark Office to check for any disparity & conflicts between the existing trademarks.
- Response to examination report: After the examination in case the examiner raise an objection to the trademark. The applicant needs to respond within the stipulated time and submit the written reply by addressing the objection.
- Publication in Trademark journal
- Opposition period: After the publication of the trademark, the time period of 4 months is given to the third party, if it has any objection related to it than it can file an objection against the trademark.
- Registration & Issuance of Certificate: The Trademark Registry issues a Registration Certificate, which confirms the legal protection of the trademark. The trademark is valid for 10 years from the date of filing and can be renewed indefinitely every 10 years.
- Renewal: The trademark needs to be renewed after every 10 years to maintain its validity.
Conclusion
In conclusion, Kolkata is a great place for trademark registration as it provides broad services and support for businesses to protect their brand. Recently there has been development in the digitalization process to increase emphasis on online filing and digital processing of applicants to streamline the process and also awareness programs have been started to enhance focus on educating about the business and process & importance of trademark.
Frequently asked questions regarding trademark registration in Kolkata
Q. How a Trademark is Registered?
Ans: Trademark registration involves several steps:
- Trademark search
- Filing the Application
- Examination of application
- Response to the examination report
- Publication in Trademark journal
- Opposition period
- Registration & Issuance of Certificate
- Renewal
Q. Can I Register a Trademark Myself?
Ans: Yes, you can register your trademark on your own. If you want to register a word or symbol, you can register it by submitting an application and registering a trademark to get exclusive rights on it.
Q. What Documents are Required for Trademark Registration
Ans:
- ID Proof
- PAN Card
- Brand Name
- Power of Attorney
- MSME Certificate
- Certificate of incorporation
If you want to have a trademark registration in Kolkata contact us: +91 72407-51000.
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