An Overview of Trademark Registration in Assam
As we already know that Assam comes in the top position for producing quality tea leaf in India. Almost every type of herb used in medicines is found in this state. Assam has a large reserve for oil refinery also & promotes different industries. Because of such great things, it is possible that a new business or brand will establish. So, it becomes vital to register a new brand so that no one can copy the brand. So it's essential to know about Trademark Registration in Assam.
Trademark Registration in Assam is helpful in providing you with a distinctive mark that safeguards your work & brand identity from being copied/used by others. Meanwhile, it also maintains your visibility in the market, developing goodwill & market position in the competitive market.
Who is Eligible to Get Trademark Registration in Assam?
Following is the list of entities that are eligible for obtaining Trademark Registration in Assam:
Any legal entity or individual can apply for Trademark Registration in Assam to safeguard their product or service. Following is the list of entities that are eligible for obtaining Trademark Registration in Assam:
- Partnership Firm.
- Indian Company.
- Foreign Company.
- Society or Trust.
- LLP or Limited Liability Partnership.
- A person or an Individual.
- Joint Owners.
Significance of Trademark Registration in Assam
Following is the significance of Trademark Registration in Assam:
- It shows you distinctive or unique identity;
- It prevents unauthorised usage of your brand’s identity;
- It gives legal protection for your brand's identity;
- It’s an asset in itself;
- It aids you in building trust and loyalty among your customers.
Documents Required for Trademark Registration in Assam
Following are vital documents for Trademark Registration in Assam:
- Copy of logo, brand name, Trademark, that owner wants to make their Trademark;
- Details of the goods or services for which a Trademark Registration is required;
- Identity proof of the applicant;
- Address proof of the applicant;
- Duly signed Form-48;
- Submit a Partnership Deed or Incorporation Certificate, in case of Partnership Firm or Company respectively;
- Udyog Aadhar or MSME Registration Certificate (if required);
Procedure for Trademark Registration in Assam
Following is the online procedure for Trademark Registration in Assam:
Step 1: Hire a Trademark Agent: Owners are only allowed to file an application for Trademark Registration in Assam if their place of business is in Assam. If this is not the case, the owner must file an application via an agent or attorney. They will take care of the trivialities like searching, filing, preparing, and prosecution of the Trademark.
Step 2: Trademark Search: The Trademark agent or attorney begins the process of Trademark registration by finding whether the Trademark is eligible for the Registration and conduction a detailed Trademark search to check if there is an identical mark in the office of the Controller General.
Step 3: Filing Trademark Application: Then the next step is to file a Trademark application; the form will require details like the name & address of the applicant, a description of the products & services linked with the mark, whether the mark is in use and a copy of the mark.
Step 4: Examination of Trademark Application: The Trademark office examines the Trademark application to check if it’s complete and then allows the application a number. If the Trademark is registered, this number becomes the Registration Number.
Step 5: Publication of Trademark Application: The Trademark association determines if the application is barred from Registration either completes or relative grounds for refusal as mentioned in the Trademark Act, 1999. After this, they issue an examination report within a period of 1 month. Depending on the examination report, the Trademark Registrar finds out whether the Trademark application must be accepted, rejected, or put up for "Show Cause" during a show cause hearing subject to the facts to the Trademark application might be accepted, rejected, or accepted with some limitations. If the Trademark application is rejected or refused, the applicant or Trademark owner can appeal at the IPAB.
Step 6: Registration of a Trademark: Within three month months from the publication of the Trademark in the Trademark Journal, if not opposed or objected to by a 3rd party, the Trademark will proceed for Registration, and the Trademark authority will proceed to give a Trademark Registration Certificate.