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- Guwahati, Assam India
Trademark registration of a brand in Assam has become productive in modern business world. Trademark registration 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 entangle in legal battle to register the same and by that time all the reputation and goodwill earned gets wasted.
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.
Trademarks are brands and logos that represent your business. The trademark owner uses symbols like word, device, label, numerals or combination of colours to distinguish goods or services from similar goods or business from the competitors. Some manufacturers or service providers use packaging, taglines, label to distinguish their business from others.
Are you thinking about registering your trademark to build your own business? How would you react when you discover that someone else is using your brand name without your permission? Do you have the enough protection to take action against the party using your business name? What will happen after working very hard to build your business name you realized that you are using someone else trademark?
The answer to the above situations lies in registering your trademark, otherwise all the hard work put in building the brand name may get wasted and you will land nowhere.
Trademark registration gives identity and protection to a brand name, logo, symbols etc. Therefore trademark registration in India is vital and essential for all business entity.
Registered | Unregistered |
Protection granted by the Government under the Trademark Act, 1999 and other relevant laws. | No such protection enjoyed. |
Only registered trademark can sue for infringement, if there is unauthorized use of the mark by others. | No action can be taken for infringement. |
Increases brand value and reputation and goodwill increases with time. | May not increase with time, registered brand is likely to surpass it. |
Can use the symbol ® | Cannot use the symbol ® |
People have more faith on brands which are registered as they considered it authentic. | Limited popularity. |
Give both National and International protection in places where trademark is registered. | No such protection granted. |
Registered trademark can be sold, assigned or licensed to others. | The process of sell, assignment etc. becomes difficult. |
It is easy to give evidence of use when a mark is registered. | Difficult to give evidence of use. |
Trademark Registration can be applied by:
A trademark attorney is a registered practitioner in the Intellectual Property Board with a particular code.
A trademark attorney assists a trademark holder in search and selection of a proper trademark in every possible way by guidance and legal support. He/she also makes sure that the trademark to be applied does not infringe any other mark.
In India, there are seven types of trademarks recognized under the Trademark Act of 1999. They are:
Entity | Documents |
Individual | TM-48 (authorization of agent), Pan Card, Aadhar Card |
Single Firm | TM-48 (authorization of agent), Pan card, Aadhar Card, Trade License, GST certificate |
Partnership Firm | TM-48 (authorization of agent), Partnership deed, Partnership pan card, MSME certificate (if available), word/logo/etc. whichever to be applied |
Limited liability partnership (LLP) | LLP deed, Incorporation certificate, LLP Pan card, MSME certificate (if available), word/logo/etc. whichever to be applied. |
Company | TM-48 (authorization of agent), Company Pan card, Incorporation certificate, MSME certificate (if available), word/logo/etc. whichever to be applied. |
Trademark registration Fee is applicable per class. Trade Registration fee is applicable for goods and services. Trademark Registration fee for individuals, start-ups, single firm, small entities (MSMEs), is Rs 5,000/- (offline), Rs 4500 (online), whereas trademark registration fee for partnership firm, LLP, company & others is Rs 10,000/- (offline), Rs 9000 (online). The minimum fee for trademark registration is 4,500/-.
TRADEMARK REGISTRATION FEE STRUCTURE
TM Form | On what payable | Amount in INR | |
For Physical filing | For E-filing | ||
TM-A | Application for registration of a trademark/collective marks/certification mark/series of trademark for specification of goods or services included in one or more than one classes | ||
Where the applicant is an individual start-up/small enterprise | 5,000/- | 4,500/- | |
In all other cases (Note: Fee is for each class and for each mark) | 10,000/- | 9,000/- | |
Trademark registration online process involves following steps.
1.Trademark Search
Trademark search confirms whether the name or logo to be applied is similar to a registered trademark. A trademark attorney/agent usually carries out such a search to find out if anyone has already registered trademarks. They will also determine whether the mark to be applied is unique or not. The time required depends on the type of search and the cost is between Rs 0 and 500.
2.Trademark Application Filing
After a brand name or logo is chosen, your trademark attorney will draft and file the application online/offline. After filing the application, a receipt is issued bearing the application number. You are now eligible to use the symbol TM.
3.Vienna Codification
Once the trademark application is filed, the trademark Registrar will apply the Vienna Codification system to examine a trademark request with the registered one to avoid duplication. While this work is in process, the status of the application reflects “Sent for Vienna Codification”. Vienna Codification is applicable for logos only.
4.Examination of the application
After the Vienna Codification, trademark application is allotted to an Examiner of Trademark office. The Examiner would verify the trademark and would either accept or object the trademark. If the trademark is accepted, it is published in Journal otherwise the Examiner would issue an examination report. The applicant is required to submit reply to the examination report within 30 days of the report, if no reply is submitted, trademark is abandoned.
If reply is submitted within 30 days and found satisfactory, application is accepted and published in the Journal. If the reply is not satisfactory, the matter is fixed for hearing, date of which is notified beforehand. Trademark Attorney/agent generally appears at the time of hearing. At the time of hearing, application is either accepted or refused.
5.Publication
The trademark journal is published weekly and contains the details of all trademarks that have been accepted by the department. The waiting period of a trademark in the Journal is 120 days. During this period, third party can raise objection against a trademark by filing an opposition.
6.Certificate
After the waiting period in Trademark Journal is over, registration certificate under the seal of Trademark office is issued. You are now eligible to use the symbol ®.
7.Renewal
Trademark registration is granted for 10 years, before the date of expiry it has to be renewed if you want to keep the trademark active. After the date of expiry, within one year it can be renewed but in that case penalty is imposed.
Trademarks are essential for business as they establish brand identity, protect intellectual property and prevent confusion in the market. To get the benefit and protection associated with trademark one has to register the trademark without delay, because it prevents others from copying and misrepresenting your mark thus harming your reputation and goodwill in the market.
A Trademark is a type of Intellectual Property that protects names and other marks associated with a particular product or company.
Name and address of the applicant, Logo, Power of Attorney signed, Udyam Registration- in case of MSME business, Incorporation Certificate- In case of Company or LLP.
under the New Rules, an applicant is provided with the opportunity to request for expedited processing of trademark application. This can be achieved by paying fees of Rs 20,000/- (in case of Individual/Startup/MSME) and Rs 40,000/- (in other cases).
It is possible to register a trademark before starting a business.
No. trademarks are territorial; trademark registered in India is valid in India only.
Trademark registration is valid for 10 years.
Yes, if you want to use the brand name or logo.
A trademark filed through Attorney is safe as they are expert in the field and can tackle any situation that may arise during the registration process.
Agarwal Consultancy Services (ACS) is a Proprietorship firm which is presently situated at Artfed Building, 4th Floor, RHHMS, A.K.Azad Road, Rehabari, Guwahati,Assam,Pincode -781008
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