Trademark Registration in Assam is a crucial step in establishing and preserving a brand's identity and reputation. It involves legally securing a brand's name with providing exclusive rights to use a specific name, logo, or symbol that sets a product or service apart from others in the market. Trademark Registration in Assam offers numerous benefits, including protection against unauthorized use and imitation, building customer trust, and gaining a competitive edge.

This article aims to simplify the complexities of Trademark Registration by providing a step-by-step understanding of the process, its legal implications, and the potential advantages it can bring to businesses. Whether you're a business owner, entrepreneur, or creative professional, this guide will equip you with the necessary information to navigate the world of trademark registration successfully.

The Registration of a Trademark is governed by the "Indian Trademark Act, of 1999," which provides a legal framework for the registration of brand marks or symbols. Trademark Registration in Assam can enhance a brand's reputation, fostering consumer trust and loyalty.

Trademark Sample Certificate

What is recognised for Trademark Registration in Assam?

Numerous things, including the following, may be registered as Trademarks in Assam:

Symbols
names
shapes
Sounds
phrases
Arrangements of Colour
combination of numbers and words
Taglines

Who Can Submit a Trademark Registration Application in Assam?

In Assam, Trademark Registration is open to everyone. They might be:

A sole proprietorship
A partnership
A joint venture
A Trust society
A small business just starting out, or
A private limited company.

Step 1: Conduct a Comprehensive Trademark Search

Before applying for a Trademark, it is crucial to conduct a thorough search to ensure its availability. This search helps minimize the chances of application rejection. It is advisable to seek professional assistance to conduct a comprehensive Trademark search.

Step 2: File the Trademark Application

Filing the Trademark application is the initial step towards Trademark Registration in Assam. During this stage, the applicant must provide accurate information about their product or service. It is essential to have a good understanding of the product or service and select the appropriate Trademark classes. Filing the application with incorrect classes increases the risk of rejection.

Upon filing the application, the applicant can start using the ™ symbol alongside their brand, indicating that the Trademark Registration process is underway. This symbol signifies that the applicant is claiming rights to the Trademark.

Step 3: Examination by the Trademark Department

Once the application process is completed, it undergoes examination by the Trademark Department, specifically the Controller General of Patent, Design & Trademark. During this stage, the department reviews the application to identify any similarities with existing marks. If the registrar finds any similarities, they will send a notice for a reply. If no similarities are found, the application moves forward for advertising in the journal.

Step 4: Advertisement in the Journal

At this stage, the Trademark Application is advertised in the journal, making it public. Anyone has the right to raise objections within a period of three months if they believe the applied Trademark is similar to an existing one. If no objections are raised, the application is accepted and registered.

Step 5: Opposition Process

If objections are raised within the three-month period, the application enters the opposition process. A hearing is conducted by the department, where both parties are given an equal opportunity to present their arguments. They can submit relevant statements and evidence to support their respective positions. If the registrar finds the applicant's statements and evidence acceptable, the applied Trademark is approved and registered. Otherwise, the application is rejected.

Step 6: Registration Certificate

This is the final stage of Trademark Registration in Assam. If the applied Trademark does not face any objections or opposition, it receives a Registration certificate. Once the Registration certificate is obtained, the applicant gains legal rights over their Trademark and can use the circled R symbol (®) to indicate that it is a registered Trademark.

Note: The applicant must renew their Trademark every ten years as part of the renewal process. Failure to renew in a timely manner may result in the loss of legal protection and additional charges for delayed renewal.

The cost of Trademark Registration in Assam starts at ₹4500, which is Govt fee and the professional fee will be charged additionally.

Steps	Online Government fees	Offline Government fees
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	12,000	13,000
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: The aforementioned Fees is exclusive of GST.

Trademark registration fees in Assam depend on the number of classes that the applicant wants to include. Government TM registration fee is different for online and offline. The basic online cost of the government for registration is 4500/- and the offline cost is 5000/- only.

Here is the complete list of documents required for Trademark Registration in Assam:

LOGO (if any)
Nature of Goods & Service
Email ID & Mobile No. Bank statements, Aadhar cards, PAN cards, and other papers.
Aadhar Card (for individual applicants)
GST (if applicable)
Signed Power of Attorney (if the applicant hires any professional)
Signed User Affidavit (for prior use)
MSME Certificate (for small enterprises)
Start-up Certificate (for start-ups)

A complete and appropriate set of documents is essential for the Trademark Registration in Assam, as insufficient information increases the possibility of rejection of a trademark application.

The following are some parameters that the applicant should keep in mind while registering a Trademark in Assam.

Trademarks must be easily recognised.
Fill in the complete information.
Select appropriate classes.
Conduct a Comprehensive TM search.
Using Trademark is generic or descriptive.
Renew the Trademark timely.
Take professional advice.

Trademark Registration in Assam holds great significance as it provides individuals and businesses with the means to protect their brand assets and assert their exclusive rights. This process establishes legal safeguards against potential infringements, unauthorized usage, and brand dilution.

Additionally, Trademark Registration in Assam contributes to improved brand recognition, consumer trust, and market value, creating opportunities for growth and success in competitive markets. Understanding the importance of trademark registration and following the necessary steps ensures the preservation and longevity of brands, safeguarding intellectual property and maintaining the essence of the brand.

Consult with professionals at Professional Utilities for the purpose of Trademark Registration and reduce your chances of Rejection of Trademark approval. Contact a Professional Now!

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FAQs on Trademark Registration

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?

>There are several steps involved in trademark registration in Assam, including doing a TM search, submitting a TM application, having it reviewed by the department, encountering opposition, publishing an advertisement in a journal, and receiving a 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.

Who can apply for TM Registration in Assam?

Any person or corporate entity is qualified to register a Trademark in Assam, but their Trademark must be distinctive from those that are already registered.