The process of trademark registration in Kolkata involves several steps:
Step 1: Trademark Search
Before filing an application, it is essential to conduct a trademark search to ensure that the desired mark is not already registered or similar to existing trademarks. This search can be performed through the official website of the Indian Trademark Registry or by hiring professional services.
Step 2: Application Preparation
Once the trademark search confirms availability, the next step is to prepare the application. This involves filling out Form TM-A, which includes details about the applicant, the trademark, and the goods/services associated with it. It’s advisable to seek assistance from a trademark attorney for accurate preparation.
Step 3: Filing the Application
The completed application must be filed with the Trademark Registry in Kolkata. The filing can be done online through the official website or physically at the registry office. The government fee for filing varies based on the type of applicant (individuals, startups, small enterprises) and ranges from ₹4,500 to ₹9,000 depending on various factors123.
Step 4: Examination by Trademark Office
After submission, the application will undergo examination by a trademark officer who assesses its compliance with legal requirements. If there are no objections, the trademark will be published in the Trademarks Journal, allowing third parties an opportunity to oppose the registration if they believe it infringes on their rights.
Step 5: Opposition Period
Following publication, there is an opposition period during which any party can challenge the registration. If no opposition is filed within this period, or if any opposition is resolved favorably for the applicant, the trademark proceeds to registration.
Step 6: Issuance of Registration Certificate
Once all objections are cleared and no oppositions are pending, a registration certificate is issued. This certificate serves as proof of ownership and grants exclusive rights over the trademark for ten years from the date of application.