trademark registration online IN WEST BENGAL
What is a Trademark ?
A mark as per Section 2(m) of the Indian Trademarks law, includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
A trademark as per Section 2(zb) means “a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from other's.
Trademark Registration
Trademark Registration IN KOLKATA
How to Register Trademark Registration in Kolkata?, Where is Trademark Registration Office in Kolkata?, How does Trademark Registration Office works?, What are documents to be needed to Trademark Registration?, Can i file Trademark Registration Online?, what is the Trademark Registration Process?, What is Trademark Registration Fees in India?, How much time taken for Trademark Registration India?, How to find Trademark Agent or Trademark Consultant who does Trademark Registration Near Me?, What is Trademark Registration Cost in India?, How to know the Trademark Registration Status?, How much a Trademark Agent charge their Professional fees for trademark registration in India?
Very briefly, an application for registration of trademarks is received at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the Principal place of the business of the applicant is situated. The digitization and formality checking of the application is done at the respective offices. The Application is then examined mainly as to whether the relevant mark is capable of distinguishing applicant’s good or services, whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of earlier identical or similar marks existing on records. The Examination of all applications is done centrally in the Head Office of the TRADE MARKS Registry at Mumbai. The Registrar on consideration of the application and any evidence of use or distinctiveness decides whether the application should be accepted for registration or not, and if accepted, publishes the same in the Trade Marks Journal, an official gazette of the Trade Marks Registry, which is hosted weekly on official website. Within four months from the date of publication any person can file an opposition in such cases the opposition proceeding is conducted at respective office of the Trade Marks Registry. Under opposition proceeding, a copy of the notice of opposition is served to the applicant who is required to file a counter-statement within two months failing which the application is treated as abandoned. The copy of the a counter-statement is served to the opponent, who leads evidence in support of his case by way of affidavit, then the applicant leads evidence. After that the opponent files evidence by way of rebuttal. On completion of evidence, the matter is set down for a hearing and the case is decided by a Hearing officer. The registrar’s decision is appeal able to the Intellectual Property Appellate Board.
Renewal fees for trademark registration IN WEST BENGAL
How Renewal of Trademark done?
Application for Renewal of registration of a trademark may be filed within one year before the expiration of the registration of the trademark under FORM TM-R with the prescribed fee. Earlier, the Application for renewal could be filed only six months prior to the expiration of the trademark.