A trademark is a sign, symbol, word, or words registered or legalized for the use of representation of a company’s product or services. Hence, any tamper or illegal use of this trademark by any other company it does not belong to, gives the authorized company the right to legal action – making trademark of a company the most important feature of its existence.
A logo is a type of trademark that consists of a design that is generally used by company or person and placed on its products or printed material related to its services. The logo may be a design by itself, a design with letters or words, or a design consisting simply of stylized words or letters. In contrast, some trademarks consist solely of letters or words without any design, but these would not be considered logos.
Attributes Of Perfect Logo
- Logo should be elegant, precise and easy to remember by the consumers
- A good logo design for trademark must comprise of necessary elements including colors, sketch lines, words, text or amazing design.
- Logo should not conflict with any of the community or religious name; or any geographical name or any already registered trademark.
- Logo should not consist of any of the promotional or adultery word.
Requirements for Logo Trademark Registration
- Applicant details like name, address and nationality; if the applicant is a company then state of incorporation
- Goods or services to register
- Trademark or logo copy
- Date of first use of the trademark in India, if used by you prior to applying
- Power of attorney to be signed by the applicant in Rs. 100 stamp paper
- If the mark contains or consists of non-English words, a translation of those words into English is required
Logo Registration Process
Once a company is formed, it must register its trademark with the Registrar, which is valid for ten years only. It is a simple and important process and does not require much effort.
- Trademark Search
- To have a trademark registered, the first step is to search the availability and uniqueness of it.
- The Trademark Attorney will do the search online and offline.
- Once confirmed unique, the trademark registration application can be filed.
- Trademark application filing
Trademark application filing can be done online and offline.
- Register on the Trademark Office Portal
- Post registration, login using the user ID or digital signature
- Fill in the application form and save details to generate temporary application number
- Sign application using digital signature
- Make the application fee payment
- Permanent application number is generated two days after receipt of payment
- After the trademark filing application, the examination takes place for any discrepancies.
- Examination takes about 12-18 months.
- The examination may be passed absolutely, conditionally or objected.
- If accepted absolutely, the trademark gets published in the Trademark Journal.
- If not accepted, the objections mentioned in the examination report must be fulfilled in a months’ time for the trademark to be published in the Trademark Journal.
This step is included to publicly declare the ownership of trademark and allow any objections within 3-4 months of publication.
- In case there is no opposition, the trademark proceeds for registration
- In case of opposition, there is a fair hearing and the Registrar takes decision.
- Registration Certificate
After the application proceeds for trademark registration after publication in Trademark Journal, a trademark registration certificate is issued.
HOW LONG DOES THE TRADEMARK REGISTRATION PROCESS TAKE?
As soon as you have applied for trademark, you can start using the TM symbol. Usually it takes 15 to 20 months for reviewing your application. After that if there is no objection they will release your name in the official Gazette, and after that you can use (R) symbol.
WHAT IS TRADEMARK CLASS?
Controller General of Patents, Designs and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be registered under those classes only.
WHAT IS THE VALIDITY OF THE TRADEMARK?
A registered trademark is valid up to ten years, after which it may be extended by way of renewal process.
WHICH TRADEMARK CANNOT BE REGISTERED?
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also, trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.