If you are planning to build a brand, one of the most important steps recommended by IPR experts is getting your brand logo trademarked. A registered logo trademark helps to protect your brand from unauthorized use, infringement and misuse by third parties. It strengthens your brand reputation in marketplace. To obtain trademark protection for a logo in India, you must file a trademark application with Trademark Registry either online or physically.
After the application is filed, it is examined by the Registry so as to determine whether it complies with provisions of Trade Marks Act 1999. If the examiner raises no objections, or if any objections are successfully resolved, the trademark is accepted and then published in Trademark Journal. Once published, the logo trademark remains open to public opposition for a fixed period, i.e., four months.
During this time, any third party may file an opposition against the trademark logo registration. If no opposition is filed, or if the opposition is decided in favor of applicant, the trademark proceeds to registration and a Registration Certificate is issued.
A logo is a visual symbol that is made up of text, images or a blend of both. It is used to identify a brand, company or organization. A logo can be made up of a single colour, two colours or many different colours. A strong logo helps people identify a brand quickly, sometimes even before they read its name.
Many logos instill positive emotions and remind customers of the past experiences they had with the brand. You must have seen many famous logos like Coca-Cola, Starbucks and Google. In most cases, you can recognize the brand as soon as you see its logo even without reading the brand name.
There are many reasons why you should register a trademark for your logo in India. Some of the most important reasons are mentioned in the points below:
One of the primary reasons for logo registration is that it helps maintain the uniqueness as well as identity of your brand.
You get exclusive rights to use the logo for the goods or services covered by the trademark registration.
A registered logo makes it easier for customers to recognize and remember your brand.
Having a registered logo helps a lot when it comes to building trust as well as goodwill among your customers/clients.
You can take legal action against anyone if they use your logo without obtaining your permission. Since your logo is registered, you have proof of its ownership. This can certainly strengthen your case during the legal proceedings.
You may license your trademark to others and allow them to use your logo. In exchange, you can get royalties or licensing fees.
A registered trademark can become a valuable business asset that can increase your brand’s overall value with time.
To register a logo as a trademark in India, the logo must meet certain requirements. Some of the requirements are stated in the points below:
The nature of logo must be unique and distinctive.
Another requirement is that the logo should not be identical/confusingly similar to an existing registered trademark or pending trademark.
It must not contain any offensive, obscene or objectionable content.
The logo should not hurt the religious sentiments of any community.
It must not include any prohibited emblem, symbol or official insignia that is protected under law.
The logo must not contain any information regarding goods/services that is of false or misleading nature.
It must not include words, symbols or designs that could deceive the public.
The logo should not violate public morality/order.
It should not infringe upon rights of another person/business.
The logo should not be prohibited under Trade Marks Act 1999 or any rules made thereunder.
The process for logo trademark registration is as follows:
Step 1: You must begin by conducting a detailed trademark search using a trademark search tool (make sure it’s an up-to-date tool). The purpose of this search is to check whether a similar or identical logo trademark already exists or not. Conducting this search is one of the most important things in the trademark registration checklist. If you struggle conducting this search yourself, we recommend that you get in touch with an IPR consultant who can help you out in this.
Step 2: If no conflicting trademark exists, you can move ahead with filing trademark application with Trademark Registry via online or offline mode, as per your convenience. Online mode is more convenient and filing fees charged by government for this mode are slightly less compared to physical filing.
Step 3: While filing application, you must choose the correct trademark class based on the goods/services for which the logo will be used.
Step 4: You must submit TM application along with logo and required details of applicant. All the details you provide must be accurate.
Step 5: Upon receipt of your application, the Registry will carefully examine all its details. In case an objection is raised by Registry, you must submit a reply within the prescribed time.
Step 6: If application gets accepted, the logo trademark will get published in Trademark Journal and will become available for public opposition.
Step 7: If no trademark opposition is filed within prescribed period or if opposition is decided in your favour, the trademark will then proceed with registration.
Step 8: The Trademark Registry will finally issue Trademark Registration Certificate. This certificate will grant you exclusive rights over registered logo in relation to registered goods/services and classes.
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For protecting your brand, registering the logo is of utmost importance. It prevents unauthorized use, copying or imitation of your logo by third parties and helps to establish your exclusive rights over brand identity. Want to register a trademark for your logo but clueless about where to begin? Don’t worry! Just get in touch with IPR experts at Registrationwala. We can help you conduct trademark search, prepare and file application and guide you throughout the entire trademark registration process. We also provide support with post-registration compliance to help you to protect your trademark rights continuously.
Q1. Which portal do I need to visit for filing an online application for trademark logo registration?
A. The official portal you need to visit for filing an online application for TM registration for a logo is the official IP India online portal @ https://ipindiaonline.gov.in.
Q2. What is the validity of a logo trademark?
A. A trademark logo validity remains for a total of 10 years, counting from date of application filing.
Q3. Does a logo trademark require renewal?
A. Yes, it must be renewed every 10 years if you want to keep it active.
Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.
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