Updated on October 08, 2024 04:06:55 PM
In the current market set up, trademark registration in West Bengal plays a very significant role as it assists both corporate sectors in regard to achieving objectives by being able to build and protect them. Between 2013 and 2022, the number of applications filed to register trademarks in India had crossed well over 4,50,000, an increasing trend bringing out important IP protection. According to the “Indian Trademark Act of 1999”, trademark registration is a legal protection offered to names, logos, and symbols, thus ensuring they are not used or copied by other people or entities.
Trademark registration in West Bengal does not only enhances brand credibility among consumers and brand popularity but also affords legal protection from imitation. The presence of a sound business climate and infrastructure in the state also supplement the benefits of trademark registration for expansion and development. If you require help with the registration process and want a smooth process, Contact the Litem Legalis team.
A trademark is a symbol or mark that distinguishes a product or service from others. It can be a word, phrase, a combination of colours, the shape of the product or three-dimensional image. Trademark Registration in West Bengal aids to determine a particular brand and create trust among the target audience.
There are several kinds of Trademark, but some are very common these are given below:
Trademark Registration | Details |
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6 months to 24 months | |
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₹4,500 | |
Online and Offline (Both) |
The complete process of Trademark Registration in West Bengal can be clear by the below steps:
When an applicant decides to register the trademark, they must conduct a thorough TM search. TM search is an initial step to clarify the availability of the trademark. This search makes a low probability of rejection.
After conducting a thorough TM search the applicant goes for the application filing. During this step, the applicant must fill out an appropriate Trademark class. This class defines the nature and origin of the product or service. All the goods come under class 1 to 34 and services come under class 35 to 45.
After filing the TM application, that goes for the examination. Department inspection for similarities, deceptiveness, and absolute grounds for refusal of the Trademark according to sections 9 and 11 of "The Trademark Act, 1999".
If the registrar finds any similarity during the Trademark Registration in West Bengal, the application will send a reply. And if they accept the application, they will advertise in a journal.
At this step, the applicant gets a notice of similarities in trademark and the applicant gets time to provide all the related statements to prove themselves. This step is not mandatory, but in case of any similarity or any objection, the applicant has to reply to the examination report and submit a favourable statement to prove their side.
At this step when the registrar gets satisfied and there are no similarities with other trademarks, the Trademark will be advertised in the journal. Here the trademark will be published and if any third party has any issues related to the trademark they can raise opposition within four months.
After publishing the Trademark any other brand or third party has issues with the trademark, an opposition may be filed by the third party. At this step, the department gives equal opportunity to both parties to prove their side. If the third party succeeds in proving the similarities of TM with their mark, the application will be rejected. But if the applicant makes a relatable statement and the registrar gets satisfied then the trademark will be completely registered.
This is the last step of the TM Registration procedure. At this step, the applicant receives the registration certificate of the trademark. After that, they get permission to use the symbol ® in front of their logo or brand name. This symbol determines that the brand is legally registered. It helps to give a unique identity to the brand and also provides several exclusive rights over the brand name.
The complete fees structure of Trademark Registration in West Bengal is given below:
Trademark Registration In West Bengal | Government Fees (Online) | Government fees (Offline) |
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TM Registration fees for individuals | 4,500/- | 5,000/- |
TM Registration fees for company | 9,000/- | 10,000/- |
TM Amendment fees | 900/- | 1,000/- |
Trademark Renewal fees | 9,000/- | 10,000/- |
Trademark Restoration fees | 9,000/- | 10,000/- |
TM Belated Renewal fees | 9,000 +3,000/- | 10,000 + 3,000/- |
TM Rectification fees | 9,000/- | 10,000/- |
Trademark Opposition process fees | 2,700/- | 3,000/- |
Hearing fees of TM registration | Nil | Nil |
Fees for Reply to TM Examination Report | Nil | Nil |
Note: Apart from the Government fees mentioned above, professional fees will also be charged for the Trademark Registration Process.
Fees for Trademark Registration in West Bengal are different according to the type of business. The applicant can register the trademark online and offline as well as at their convenience. TM Registration completion process is a long process with many stages. So the applicant has to pay accordingly.
The basic government fee for Trademark Registration in West Bengal is ₹ 4500 only for online registration and ₹ 5000 only for offline registration for one class. If the applicant wants to register their mark in more than one class, the cost of TM registration will be multiplied according to the number of classes.
Required documents are given below that required for the Trademark Registration:
Note - Proof of Use - Submit supporting documents (such as Domain bill, Invoice containing Mark, images of the product with Mark, etc) with the New and Old dates, which can work as proof of use of the Mark by the applicant or its predecessors from the date of use mentioned in the application.
Due to its prominence as the national capital, West Bengal is a very significant location. This location hosts numerous businesses, which increases the possibility of substantial brand infringement. However, there are numerous advantages to Trademark Registration in West Bengal, as shown by the following points:
Trademark Registration in West Bengal is a very long and complex procedure and involves high chances of rejection. Here “Litem Legalis” is a team of professional advocates that can make your registration process hassle-free. There are several reasons for choosing “Litem Legalis” such as
Free Legal Advice
Expert Lawyers
Lowest Fees
Quick Process
In short, trademark registration in West Bengal is a significant legal action that any organization takes for the purpose of protecting its brand name and intellectual property rights. Governed by the Indian Trademark Act 1999, there are considerable traits in holding one, like protection by law against infringement, an improved reputation of one's brand, and reduction in the confusion level of consumers. A trademark search, followed by several other formalities, leads to the final certificate of registration. The process may be a little bit of pain and take time, but certainly, the benefits of having a registered trademark surpass the problems. The businesses in West Bengal can build a very strong market presence, discourage most potential infringers, and build an asset valuable for the future growth of their company through registering their trademarks. Give thought to relief from your burdens because the expert advice provided by Litem Legalis will see you through those legal complications in the smoothest, most effective trademark registration process.
The required Registration Fees for Trademark Registration in West Bengal is ₹4500 per class for individuals and ₹9000 for companies.
Trademark Registration in West Bengal is divided into many stages such as conducting a TM search, filing a TM application, examination by the department, opposition process, advertising in a journal and registration certificate.
The Required documents for Trademark Registration in West Bengal are the Logo, nature of goods & services, Email id, Aadhar Card, PoA, MSME certificate or start-up certificate.
Any individual or business organisation is eligible for Trademark Registration in West Bengal, but their Trademark should be different from the marks that are already registered.
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