Trademark
In today’s competitive business world, brand identity is everything. Whether it’s your company name, logo, slogan, or product design, protecting your brand is essential to building trust and preventing misuse. A trademark gives you the exclusive right to use your brand identity and legally protects it from being copied by others.
In India, trademarks are governed by the Trade Marks Act, 1999, and registration is handled by the Controller General of Patents, Designs, and Trade Marks (CGPDTM) under the Ministry of Commerce & Industry.
At Sinha & Associates, we provide end-to-end Trademark Registration Services in Kolkata, assisting businesses and entrepreneurs with search, application filing, examination response, and renewals. With 25+ years of experience in legal compliance and intellectual property services, we ensure your brand is fully protected under the law.
What is a Trademark?
A trademark is a unique sign, symbol, word, design, or expression that identifies a business’s goods or services and differentiates them from competitors.
Examples of Trademarks:
Business names (e.g., “Infosys”).
Logos and symbols (e.g., Nike swoosh).
Taglines or slogans (e.g., “Just Do It”).
Product shapes or packaging.
Sound marks (unique jingles).
Why Trademark Registration is Important
Legal Protection – Prevents others from using your brand name or logo without permission.
Exclusive Rights – Provides exclusive ownership of the brand across India.
Brand Recognition – Enhances trust and goodwill among customers.
Asset Creation – A trademark is an intellectual property that can be sold, franchised, or licensed.
Business Expansion – Essential for franchising, partnerships, and global business expansion.
Deters Copycats – Helps fight against brand infringement and counterfeit goods.
Our Trademark Services
At Sinha & Associates, we provide a complete suite of trademark services, including:
1. Trademark Search
Conducting a detailed trademark availability check.
Identifying similar or conflicting trademarks.
Advising on brand name/logo selection.
2. Trademark Application Filing
Filing application in Form TM-A.
Covering multiple classes if required.
Ensuring correct categorization of goods and services.
3. Examination & Objection Handling
Responding to examination reports from the trademark office.
Drafting legal submissions and clarifications.
Ensuring smooth clearance of objections.
4. Opposition Proceedings
Representing clients if third parties oppose the trademark.
Filing counter-statements and evidence.
5. Trademark Renewal & Maintenance
Renewal of trademarks every 10 years.
Monitoring trademark misuse and infringement.
Record-keeping and compliance support.
6. Other Related Services
Trademark assignment and licensing.
International trademark filing (Madrid Protocol).
Copyright and patent advisory.
Documents Required for Trademark Registration
Logo or brand name (soft copy).
Applicant’s PAN & Aadhaar.
Incorporation certificate (for company/LLP).
Partnership deed (for partnership firms).
Power of attorney (Form TM-48).
Proof of business (GST certificate, MSME certificate, etc.).
Signed authorization letter.
Process of Trademark Registration in Kolkata
Trademark Search – Checking brand availability.
Application Filing – Submitting TM-A form online.
Examination by Registrar – Authority examines and may raise objections.
Publication in Journal – Trademark is published for public objection.
Opposition (if any) – Third parties can oppose within 4 months.
Registration Certificate – If no opposition or successful defense, certificate is issued.
Renewal – Every 10 years to keep the trademark valid.
Benefits of Trademark Registration
Nationwide Protection – Legal ownership across India.
Valuable Business Asset – Can be monetized or licensed.
Global Recognition – Supports international brand expansion.
Customer Loyalty – Builds long-term trust with customers.
Legal Remedies – Right to sue against infringement and claim damages.
Trademark Classes in India
Trademarks are categorized into 45 classes based on goods and services.
Classes 1–34: For goods (e.g., clothing, food, chemicals).
Classes 35–45: For services (e.g., IT services, education, finance).
Selecting the right class is critical, and our experts guide you through this to ensure comprehensive protection.
Penalties for Trademark Infringement
If someone uses a registered trademark without authorization:
Civil and criminal cases can be filed.
Penalties include fines, damages, and imprisonment.
Injunctions can stop further unauthorized use.
Why Choose Sinha & Associates?
25+ years of legal and compliance expertise.
Comprehensive trademark solutions from search to renewal.
Skilled in handling objections, oppositions, and disputes.
Trusted by businesses, startups, and corporates in Kolkata.
Affordable service packages with transparent pricing.
Personalized attention for small businesses and entrepreneurs.
FAQs – Trademark Registration
Q1. How long does it take to register a trademark in India?
It usually takes 12–18 months, depending on objections and oppositions.
Q2. Is trademark registration mandatory?
No, but it is highly recommended to protect your brand.
Q3. Can I use the ™ symbol before registration?
Yes, ™ can be used once the application is filed. The ® symbol can be used only after registration.
Q4. What is the validity of a trademark?
A registered trademark is valid for 10 years and can be renewed indefinitely.
Q5. Can a trademark be registered for multiple classes?
Yes, separate applications can be filed for different classes.