- 1 What is a Logo?
- 2 What is Trademarking?
- 3 Trademark Classification in India
- 4 Trademark Offices in India
- 5 Eligibility for Trademark Application
- 6 Application Process for logo registration
- 6.1 Trademark Logo Search
- 6.2 Fill the Trademark Application Form
- 6.3 Receive an Application Number
- 6.4 Trademark Application Examination
- 6.5 Trademark Examination Report and Response
- 6.6 Advertising the Trademark logo in the Trademark Journal
- 6.7 Receive the Certificate of Logo Trademark Registration
- 6.8 Renewal of the Trademark Registration.
- 7 Need Help? Please fill below form to Get in touch
What is a Logo?
To put it simply, a logo is a representative visual image which describes the brand. It is made up of symbols, colors, patterns, designs, shapes, words, signatures, 3-D signs, numbers, pictures, used either on their own or in combinations – that is unique to a business or a company. It appears on their goods, products, or services to promote, to inform the public about who rendered these and to distinguish these from the offerings of other businesses or companies. A logo may also be called a trademark.
Over time, a logo becomes one of the most instantly recognizable features of a business or a company and influences how people view their goods, products, or services. For this reason, a logo is an important IP ( intellectual property ) asset. Businesses and companies should do their logo registration to prevent it from being duplicated or misused in any manner. That is why it is very important to Register your Brand.
[Read our Article on How to register a trademark for your brand in India? which will help you to register your brand]
It is important to note that a logo must be easy to remember and reproduce, and it cannot contain geographical names, very common names, customary trade words, laudatory words, quality describing words, size describing words, purpose describing words, words or signs depicting quantity of goods, and words or signs describing production time of the product.
What is Trademarking?
Trademarking is the process of logo registration in India with the Office of the Controller General of Patents, Designs and Trade mark or the Trademark Registry Office to establish that the logo belongs to a particular business or company. Once the logo Trademark registration is completed, it cannot be legally used by another entity and this protects the business interests of the applicant.
Trademark Classification in India
To facilitate the trademark registration process in India, trademark for products, good and services have been classified into 45 separate categories. This is in accordance with the Indian Trademark Act 1999 and Trademark Rules of 2002, and in conformity with the International Classification of Goods and Services published by the WIPO.
Global regulating bodies like the WIPO, European Community Trademark, Berne Convention, Paris Convention, and TRIPS Agreement of World Trade Organization have established International Trademark Conventions to standardize Trademark classification worldwide and promote better international trade. Internationally, there are 45 trademark classes.
Trademark Offices in India
India has five Trade Marks Registry Offices and applicants must file their Trademark application form with the office that has jurisdiction in the region where they have a legal residence. People without a legal residence can also register for Trademark Registration India but will be required to provide the legal address of their Trademark attorney for registration purposes.
Applicants from Goa, Madhya Pradesh, and Maharashtra can file for Trademark registration at the main Trade Marks Registry Office in Mumbai.
[ To know about Trademark Registration, read our article about Trademark Registration in Mumbai ]
Applicants from Dadra and Nagar Haveli, Daman and Diu, Gujarat, and Rajasthan can file for Trademark registration in Ahmedabad at the Ahmedabad Trade Mark Registry Office.
Applicants from Andhra Pradesh, Kerala, Lakshadweep, Tamil Nadu, Karnataka, and Pondicherry, can file for Trademark registration in Chennai at the Chennai Trademark Registry Office.
Applicants from Andaman and Nicobar, Assam, Sikkim, Arunachal Pradesh, West Bengal, Meghalaya, Mizoram, Manipur, Tripura, Nagaland, Bihar, and Orissa can file for Trademark registration in Kolkata at the Kolkata Trademark Registry Office.
Applicants from Chandigarh, Delhi, Haryana, Himachal Pradesh, Jammu, Kashmir, and Punjab can file for Trademark registration in Delhi at the New Delhi Trade Marks Registry Office.
Eligibility for Trademark Application
Anybody that owns a business or company that uses a logo or is going to use a logo can apply for logo registration online / offline. The application for logo registration India can be filed online on the official website of the Office of the Controller General of Patents, Designs and Trade Marks, or a paper application can be made, either in person or through a legal agent, at the Trademark Registry Office nearest to the applicant’s legal residence.
Application Process for logo registration
While the application process of “logo Trademark Registration India” is relatively straightforward and can be done online or offline, it is also rather long-winded and can take up to seven to ten months for an application to pass all checks and receive a final approval.
Let’s look at the steps required for Trademark Logo registration in India:
Trademark Logo Search
The applicant should carry out a Trademark search to make sure that the logo to be trademarked is unique and original, and does not infringe on the design of an existing logo. It should also not be similar enough in design or color to be mistaken for any existing logo. If a similarity is discovered, the logo will need to be reworked or redesigned.
Fill the Trademark Application Form
After ascertaining that there is no problem with the logo’s uniqueness, the applicant can fill out form TM-A, either online or in paper form. This form requires the following information:
- Nature of the application.
- Whether the application which is to be filed is as an individual, start-up, small enterprise, or others. The applicant needs to provide a certificate for start-up and small enterprise.
- Information about the applicant – full name, legal business address, phone number, e-mail address, and nature of the applicant (individual, partnership firm, body-incorporate including private limited/limited company, limited liability partnership, society, trust, government department, statutory organization, association of persons, or Hindu undivided family).
- Information about the applicant’s agent, if any – full name, legal business address, phone number, e-mail address, nature of the agent (registered trademarks agent, advocate, or constitutional attorney), and registration number.
- Trademark Information – category of the mark (word mark, device mark, color, 3-D trademark, sound) and description of the mark (colors, color combinations, color marks, musical notes, sound clippings). The applicant must attach an 8 cm by 8 cm, clear, high-quality image of the logo that shows all the logo features and is suitable for reproduction.
- The language of the mark, if it is in a language other than Hindi and English, transliteration of the mark in Roman script, and translation of the mark in English.
- Conditions or limitations to using the trademark, if any. The applicant should limit their registration specifications to the goods and services they currently trade in or intend to trade soon.
- Class and description of goods or services for which logo registration process is going to take place.
- Statement as to use of the mark (proposed to be used, already used by the applicant or their predecessor in the title since a particular date in respect of all the goods and services mentioned in the application). The applicant will need to provide an affidavit and supporting documents testifying for prior use if that is the case.
- Priority claim, if any. (priority claimed since a particular date, priority claim based on an application filed in the Convention Country or organization). The priority claim must be in respect to all goods and services mentioned in the form.
- Any other information or statement related to the application.
- Details of the person applying for registration – signature, name, and authority.
The application form should be filled in English or Hindi.
For paper applications, duplicate copies of the application-form and representation sheet are required.
The relevant documents must be digitally or physically attached to the application form, and the applicant must pay logo registration fees in India by cash, credit card, debit card, cheque, or demand draft. For individuals, start-ups and small enterprises, the cost for physical filing is Rs. 5000 and the price for e-filing is Rs. 4500. For all others, the logo registration cost via physical filing is Rs. 10,000 and the fee via e-filing is Rs. 9000. Please note that the fee is for each class and each mark.
Please note that all the Trade Mark Registry Offices are open between 10 am and 3.30 pm on all working days. The e-filing portal is available 24 hours a day.
After submitting the form and documents, the applicants can immediately start using the Trademark symbol / TM symbol (“™”) mark with their logo which indicates that the logo is a for a trademark.
Receive an Application Number
After the TM-A registration form is submitted, the applicant will receive a receipt, a representation sheet copy, and an application number. The application number can be entered on the website of the Office of the Controller General of Patents, Designs and Trade Marks to track the status of the trademark application.
Trademark Application Examination
A Trademarks Examiner at the Trade Mark Registry Office checks the application, and if it is in the order and is compliant with the Indian Trademarks Act & Rules, it will be approved and accepted. If the form has not been correctly filled and does not have the relevant documents, the Registrar will notify the applicant and allow them to rectify the deficiencies within one month. If there is no response from the applicant or if they fail to make the corrections, the Trademark application will be considered as abandoned.
The application for logo Registration in India may also be turned down for the following reasons:
- The logo is not unique and cannot distinctly differentiate the applicant’s business from other businesses in the same economic sector.
- The logo is too generic and uses symbols or words that are common to that particular field.
- The logo is too descriptive and uses words that are common to that particular field.
- The logo contains the name, visual representation of a person and the applicant does not have the person’s legal consent for this usage.
- The logo contains words or images that are legally prohibited or could potentially be offensive or are deceptive.
- The logo is too similar to another logo or logos that are already registered with the Trademark Registry Office.
- The goods and services for which the logo is intended to have broad and vague specifications.
Trademark Examination Report and Response
After seven to nine months of filing, the applicant or the applicant’s agent will receive an examination report by email and post. The examination report is also registered with the Trademark Registry Office and posted on the official website. The examination either approves the trademark logo registration application or states the objections to it. If the application is approved, the logo is published in the trademark journal.
If there are objections, the applicant has 30 days to respond to them and may need to attend a hearing to prove to the trademark office, with additional documentary evidence if necessary, that their application has merit and should be processed. If the application gets refused again, the applicant can file an appeal within 15 days with the Intellectual Property Appellate Board. If the applicant fails to respond to objections or does not attend the hearing, the Trademark logo registration application is considered null and void.
Advertising the Trademark logo in the Trademark Journal
After the trademark application is approved, the logo will be advertised in the trademark journal for public viewing. If anyone has any opposition or prior claims to the advertised logo, they have to file an objection with the Trademark Registry Office within four months of the logo’s publication.
The applicant will be notified of the objection and sent a copy of the objection, and they may have to take legal steps to resolve the issue. If there is no opposition to the published logo or if the opposition is satisfactorily resolved, the logo registration application receives a final approval from the Trademark Registry Office.
Receive the Certificate of Logo Trademark Registration
After 10 to 15 months from filing the TM logo application, provided no opposition arises, the Trademark Office will issue a logo Trademark registration certificate to the applicant. This certificate confers the applicant with the exclusive rights to use the registered logo. They can now use the ® symbol with their logo to indicate that it is a trademark registered logo.
Renewal of the Trademark Registration.
The logo trademark registration is valid for ten years. The applicant will have to refile for trademark renewal six months before the expiring period.
If you would like further information on logo registration or if you would like to register logo, please don’t hesitate to get in touch with us here on Afleo.
For any more enquires please fill up the below-given form.