Trademark Registration In Assam

TRADEMARK REGISTRATION IN ASSAM IMPORTANCE

Trademark registration of a brand in Assam has become productive in modern business world. Trademark registration in Assam is imperative to prevent others from adopting the same brand name and logo. It has been witnessed that there are some brand that has been in use since long but has not acquired Trademark registration. In that case, the prior user has to engage in legal battle to register the trademark and process becomes lengthy.

HOW TO TRADEMARK YOUR BUSINESS NAME IN ASSAM

Names hold power in business. So establishing ownership of and rights to a business name is an important step for businesses that want to ensure a name remains one-of-a-kind. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows.

You can start the trademarking process on the Indian Trademark office’s website. The application filing process do not take much time but the entire process take several months.

Here’s everything you need to know about how to trademark a name in 2023.

The trademark registration process starts with the filing of application. The entire period of registration approval takes more than 6 months.

Although the trademark application paperwork is relatively straightforward, it’s important to take your time and do your research. Applying for a trademark doesn’t guarantee you’ll get one–trademark applications go through a thorough review process. Filing fees are non -refundable if your application is denied. Here’s how to get started.

WHO CAN APPLY FOR TRADEMARK REGISTRATION

Trademark Registration in Assam can be applied by all types of entities like Proprietorship firm, Partnership firm, LLP, Company, Society, government and semi-government organizations.

Trademark registration can be for a word, logo, combination of word, alphabet, numerals etc. Trademark registration not only protects a brand but also give recognition to a firm, company etc. and increases its business.

Trademark registration in Assam can be applied in Proposed to be used, which means even if the trademark is not in use it can be applied. So it is essential that brand in use but not obtained Trademark registration should immediately acquire Trademark registration.

DOCUMENTS FOR TRADEMARK REGISTRATION

Trademark registration is applied in form TM-A with prescribed fees. The process of getting a trademark registered in Assam is online. The following documents are required for filing fresh trademark application.

1. Power of Attorney to be submitted by applicant in favor of Attorney.
2. Pan Card/Aadhar Card of the Proprietor/signatory
3. Address of the applicant/office address of the entity.
4. Trade License in case of firm.
5. Incorporation certificate of Company or LLP.
6. Logo
7. Affidavit & supporting user documents like Invoice, bill etc. if trademark already in use.
8. For more details regarding trademark registration in Assam log onto www.acsguwahati.com or contact our trademark expert today.

TRADEMARK REGISTRATION PROCESS

1. Deciding on the requirement of Trademark

Registering a trademark entitles the owner to exclusive rights to use the name in connection with the class of goods or services for which the name is registered, and makes it clear who the owner of the name actually is—all on a national level. Use of the ® symbol next to a name is also enabled by registration of a trademark. Furthermore, filing a trademark infringement suit if someone does steal or misuse a name becomes possible only if a business has registered a trademark.

2. Search of Trademark

Use Trademark office’s Electronic Search System, to find existing trademarks of similar nature to a desired name or mark. This should be done before applying for a trademark, because the Trademark Registry will not register your trademark if it is likely to be confused with an existing trademark. We recommend searching not only the exact name but any variations and similar names, as any existing similarity will likely result in an application rejection.

3. Prepare an Application

For preparing the application, details required are name of the applicant, business address, nature of the business, product/ service details, class details etc.

4. Filing the Application

Application can be filed offline and online. But online filing is less and quick. After filing an application number is generated that can later be used to reference the application. Typically, an applicant will have one month to respond to any issues or problems or the application filing will expire.

If the application is approved, the Trademark Registry will publish the trademark in an online journal to give anyone else out there an opportunity to oppose it. This can take about four months. If there’s no opposition, your trademark will be registered. If your mark is opposed, hiring a trademark lawyer to defend the trademark and proceed may be necessary.

TRADEMARK REGISTRATION FEES

1. For single firm/small enterprise/individual– Rs 4,500/- (Govt. fees)
2. For partnership firm/LLP/Company- Rs 9,000/- (Govt. fees)

WHAT TRADEMARK DOES TO A BUSINESS

Registering a trademark allows a business or trademark owner exclusive rights to use the name nationwide in association with products and services the name is registered for. This discourages competitors from using the name or creating similar-sounding names to trick people, and it gives you a legal avenue to protect against copycats and infringer. The credibility associated with owning a trademark and being able to legally use the ® symbol next to a name are also good reasons to trademark.

LIMITATIONS OF A TRADEMARK

Trademark have some limitations. Trademark Registry do not enforce against trademark infringer. The burden is on the owner to look for infringers and take action against them.

A trademark is granted for 10 years and if not renewed it expires after 10 years. A trademark only protects your name if used for the classes of goods and services identified on your application. If you want to expand into other types of goods or services, you’ll need to file another application

TRADEMARK CLASSES

Trademark classes are different for goods and services. Class 1 to 34 covers for goods and 35 to 45 for services. If you use your name for more than one type of goods or services, you may need to register your trademark in multiple classes. Registering a trademark with different classes will require additional fees per each class registered. Remember that a trademark registration only protects your name in the class where you’ve registered it. Other people can still use your name for goods or services that fall into different classes. This is why you sometimes see two completely different products or brands with the same name in different classes

CONCLUSION

Assam is the gateway of North East which host numerous business house which increases the possibility of substantial brand infringement so trademark registration is very essential as it gives added protection like legal protection, brand reputation, business expansion, prevent confusion etc.

Acs has helped a lot of business to obtain trademark registration in Assam. As trademark registration is a long process it requires proper guidance. Our experts provide proper guidance at the time of trademark registration

We have been providing services in this sector since last 13 years. Trademark registration of a brand is very important in the present competitive market