How to register a Logo Trademark in India?

How to register a Logo Trademark in India?

What do you mean by Trademark Logo?

A trademark can be defined as a sign, symbol, word, or phrase registered for the use of representation of a Brand’s product and services. Therefore, any illegal usage of this trademark logo by another company it does not belong to gives the company with a registered trademark the right to legal action. This makes the company’s trademark logo the most crucial feature of its Brand. Therefore, trademark logo registration is necessary.

Why must Companies apply for a Trademark Logo?

A logo is a type of symbol which consists of a design used by a company/person. It is placed on its products and/or printed material for its services.  The Trademark Logo can be a design by itself or a design with letters and words. It can also be a design consisting of stylized words or phrases. Sometimes trademarks consist of only letters or words without any structure. Such symbols are not trademark logos.

APPLY NOW

Qualities of a Good Trademark Logo

• The Trademark must be elegant and precise. It must be easy to remember for the consumers.
• A good logo design must comprise of any of the following necessary elements:

1. Colors
2. Sketch Lines
3. Words
4. Text
5. Stylized Design

• The trademark logo must not conflict with any of the following sensitive topics:

1. Communal Issues
2. Religious Names
3. Geographical Places
4. Pre-existing Trademarks

• The chosen Logo must not be of any promotional or adultery/offensive words.

Trademark Logo Registration Process

Once the company registers itself, it must consequently register for its Trademark with the RoT (Registrar of Trademarks). The Trademark will be valid for ten years. It is a necessary process and does not require much effort.

Conduct the Logo Trademark Search

The first step to registering a logo is to search for its availability and establish its uniqueness. For this purpose, the Trademark Attorney can search both online and offline. Once it confirms the distinctive identity, the applicant can file the trademark logo registration online application.

 Application Filing for Logo Registration

The applicant can file the trademark application in the following manner:

• Register on the official Trademark Portal
• Log in with your user ID and password post-registration
• Fill in the registration form on the website
• Save the entered details to generate a TAN (Temporary Application Number)
• Authorize the application using your DSC (Digital Signature Certificate)
• Pay the application processing fee
• Thereafter, the examiner will create a PAN (Permanent Application Number) two days after the payment reception

 Trademark Examination

• After filing the trademark application, the examiner checks the application for any discrepancies.
• The procedure takes about 12 to 18 months.
• The examiner can pass the application conditionally or outright object to it.
• If the examiner accepts the application, the Trademark gets published in its Journal.
• If the examiner rejects the application, the applicant must fulfill the objections mentioned in the examination report within a month of the Trademark publication in the Journal.

 Publication of Logo in the Journal

The applicant must publish the Trademark in the Journal. During this period of publication for 3-4 months, you can face any objection(s) from other parties. If there is no opposition, the Trademark proceeds with entry into the RoT. The Court will organize a fair hearing if the opposition is raised. Based on the verdict, the Registrar will take the decision.

Issue of Certificate for Logo Registration 

After the time elapses for the published Trademark from the Journal, the applicant proceeds with trademark registration. Finally, the RoT issues the Trademark Registration certificate to him.

Application Attachments of the Trademark Registration

• Applicant Details, such as:

1. Name
2. Address
3. Nationality
4. For the applicant company, the State of Incorporation

• Goods and/or Services of the applicant company
• Copy of Trademark logo
• Date of first use of the Logo Trademark, if it pre-exists before applying
• Power of Attorney, signed by the logo applicant on a 100 rupees stamp paper
• If the Logo contains non-English words, the applicant must submit a translation of those words in English.

Registrationwala: your goto Trademark Consultant

Registrationwala provides end-to-end solutions for Company Logo registration in India. Our services include the following points:

1. Collection of Information
2. Application filing on your behalf
3. Draft and compilation of the application
4. Review the compiled Draft
5. Make necessary changes to the Draft
6. Monitor the application during the assessment period
7. Provide aid in the process of Trademark Publication

Registrationwala is a leading Legal Consultancy Firm. We provide comprehensive services relating to  Logo Trademark registration. For more information, connect with the IPR experts at Registrationwala.

Author: Dushyant Sharma

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.