Trademark Registration in Assam - Complete Process, Fees and Documents

Updated on September 18, 2024 01:17:12 PM

Trademark registration in India has increased a lot and annual filings report more than 450,000 between year of 2013–2022. This suggests that IP is now taken more seriously in overall corporate strategy and planning within India.

Trademark registration in Assam is a mandatory way to protect the name of services or brand. Controlled by the Indian Trademark Act, 1999 and provides benefits including protection against unauthorized use and boosts incredible competitive advantage in the market.Trademark registration in Assam :- Every entrepreneur or reputable business needs to now how they can protect their intellectual property and for growth this is the best legal protection. Consult with Litem Legalis regarding your Trademark registration in Assam.

Trademark Registration Sample Certificate
TM-Devicemark-Sample Certificate
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What is a Trademark?

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 Assam 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:

  1. Word Mark(any word, letter or phrase)
  2. Sound Mark(any unique sound)
  3. Collective Mark(used by a group of companies)
  4. Service Mark
  5. Colour Mark( any colour or combination of colours)
  6. Shape Mark
  7. Certificate Mark

Overview of Trademark Registration in Assam

Trademark Registration Details
Duration of TM Registration 6 months to 24 months
Required Documents for TM Registration
  • LOGO
  • Nature of Goods & Service
  • Email ID & Mobile No.
  • Identity proof
  • GST Signed Power of Attorney
  • Signed User Affidavit
  • MSME Certificate
  • Start-up Certificate
Trademark Registration Fees ₹4,500
Process of TM Registration
  • Conduct a TM Search
  • Filing the TM application
  • Examine the application
  • Reply to the examination report
  • Advertise in Journal
  • Opposition process (not mandatory)
  • Registration certificate
Mode of Trademark Registration Online and Offline (Both)

The complete process of Trademark Registration in Assam

The complete process of Trademark Registration in Assam can be clear by the below steps:

Step 1: Conduct a thorough TM Search

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.

Step 2: Filing the TM Application

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.

Step 3: Examine the TM Application by Department

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 Assam, the application will send a reply. And if they accept the application, they will advertise in a journal.

Step 4: Reply to Examination Report

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.

Step 5: Advertise in Journal

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.

Step 6: Opposition Process

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.

Step 7: Registration certificate

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.

Fees structure of Trademark Registration in Assam

The complete fees structure of Trademark Registration in Assam is given below:

Trademark Registration In Assam Government Fees (Online) Government fees (Offline)
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 Assam 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 Assam 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.

Documents Required for Trademark Registration

Required documents are given below that required for the Trademark Registration:

  1. LOGO(if any)
  2. Nature of Goods & Service
  3. Email ID & Mobile No.
  4. Aadhar Card(for individual applicants)
  5. GST(if applicable)
  6. Signed Power of Attorney(if the applicant hires any professional)
  7. Signed User Affidavit
  8. MSME Certificate( for small enterprises)
  9. Start-up Certificate(for start-ups)

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.

Benefits of Trademark Registration in Assam

Due to its prominence as the national capital, Assam 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 Assam, as shown by the following points:

  • Legal Protection: A trademark that is registered provides many legal protection to the trademark. It also prevents the Trademark from piracy and nobody else apart from the trademark owner can use that trademark for their commercial benefits. If anybody uses a similar mark, the owner has complete rights to raise opposition to protect their brand identity.
  • Brand Reputation: Building a great brand reputation and goodwill is made easier with TM registration. A registered trademark, denoted by the sign ® (Registered), gives consumers the security they seek in a product.
  • Business Expansion: Trademark registration in Assam aids to distinguish the product or service of a business from that of the competitor. It also helps to give a unique and distinct identity that creates a different image in consumers' minds. All these key points help to get profit in business and help in business expansion in future.
  • Prevent Confusion: Many companies or traders in the marketplace provide the same kind of product or service. At this place, if any trader uses a similar mark for their brand it may cause confusion that can harm a brand.Therefore Trademark registration is a very important part because it prevents confusion and gives clarity to consumers in choosing the right brand.

How can “Litem Legalis” help you?

Trademark Registration in Assam 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

Free Legal Advice

Expert Lawyers

Expert Lawyers

Lowest Fees

Lowest Fees

Quick Process

Quick Process

Conclusion

Trademark Registration in Assam is considered as an important activity for any business and individual who are concerned about protecting their brand identity and intellectual property. These are framed under the Indian Trademark Act, 1999 and provide an array of positive benefits when it comes to protection in courts along with improvement in brand recognition as well as competitive status.

How exactly a trademark is registered in Assam, i.e., from conducting its searches to the final certification and all other intervening process steps with fees and documentation. This enables a business to secure exclusive rights against unauthorized use or customer confusion and be quite valuable in marketing, as the brand name signifies distinct elements of a service or product.If you are looking for professional help for faster process of registration in Assam to protect your Intellectual Property contact Litem Legalis.

Frequently Asked Questions (FAQs)

What is the Trademark Registration Fee in Assam?

The required Registration Fees for Trademark Registration in Assam is ₹4500 per class for individuals and ₹9000 for companies.

How to Register a trademark in Assam?

Trademark Registration in Assam 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.

Which documents are required for TM Registration in Assam?

The Required documents for Trademark Registration in Assam are the Logo, nature of goods & services, Email id, Aadhar Card, PoA, MSME certificate or start-up certificate.

What is the eligibility for TM registration in Assam?

Any individual or business organisation is eligible for Trademark registration in Assam, but their Trademark should be different from the marks that are already registered.

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