A logo or trademark is an emblem, a visible mark or symbols used to aid and promote identification and recognition by the public at large. It may be of an abstract or figurative design or include the text of the name it represents as in a word mark.
A new business/startup gets its name and acclaim through its extraordinary, unique logo design and trademark. It's inescapable for any business visionary to look through a remarkable logo and later apply for registration with a reason to secure the reputation of business association.
In India, logo registration has become very simple and easy. It can be done online in simple steps. Nowadays some professionals are expert in making a unique style logo for the company. They can be called as "Intellectual Property Consultants".
Trademark or logo registration of a brand or any business name means nothing but brand name registration. For any company, this logo registration is essential as it defines the motto of a company through a single symbol and even there are business owner and company who did copy the trademark of many famous companies around the globe. Doing that is illegal.
5 simple steps to do logo registration in India are:
• Think about logo design and then look for a professional
The business owner must discuss the logo design with his business partner and the crucial members of their company. They can think about the design, etc., and search for various ideas, both online and offline. A logo helps in the promotion and advertisement of the product. They can also search logo availability online before going to any professional. There can be different kinds of the logo; it may be a name, symbol, image, letters, etc. If the selected logo matches with any other company, then the owner can choose a different logo. The assistance of a lawyer can help in this situation.
• Application for the logo registration
The application can be filled online. There are five trademark registry offices in India. The application shall be in the manner as prescribed by the government and has to be filed along with required fees for the same. An application will contain some information such as a tagline, logo design, company name, business owner name, description of the products and services. Receipt and date are generated accordingly. This form is known as TM-1.
This process can also be done in offline mode by sending an application to the trademark offices. But this takes much time than doing it online. After the processing of the application and receiving the acknowledgment the owner can use the logo for their company.
Around INR 4500 for E-filing and 5000 for Physical Filing per application per class are to be deposited and lawyer's fees as charged by the respective lawyer.
• Further process
After receiving the application (online or offline), it will be processed and checked if the provided details are all true or not by the business owner. Afterward, the people of the registry offices will check if the logo is matching with some other companies or not. If any conflict or dispute occurs then it will be noted down. For the issue of Examination Report, no fee is levied, but they can charge INR 4000 to INR 6000 in case an objection arises. Also, a report is generated if there is be any objection to the application:
Case 1: If there will be no objection
If everything went well and none of the disputes occur then, it means that the report(also known as examination report) is passed and after that, they issue a letter of acceptance (which means there is no objection for the logo or trademark)
Case 2: If there will be an objection
In case if any disagreement comes into existence for the logo, it could be because of several reasons such as it might consider the word or logo excessively comparative; making it impossible to be a current trademark, trust it to be foul or that it could hurt religious assumptions. However, the person can still challenge if they think there is nothing wrong with their logo. They can hire a lawyer for this situation.
After the successful adoption of the trademark/logo, the trademark/logo can be presented publicly in the trademarks journal. Around nine months after the notice is distributed, the trademark will be enlisted. If there are no oppositions within four months from the advertisement date in the Trade Marks Journal, then the trademark registration certificate will be issued. The trademark attorney will send the owner Original Representation Sheet of the trademark or logo as it has been filed with the Trademark Office. If there are objections from the trademark office or anyone else, it might take longer.
Author: Jatin Sharma
The author is an Advocate, Arbitrator, Mediator, Founder & Principal Partner, Jurist & Jurist International
Lawyer with business law, commercial law, Civil and Criminal law experience.
Serving to big corporate to an individual with excellent approach of implementation of law and deep rooted knowledge of corporate laws, intellectual property right laws, contract laws, transaction advisory.