A trademark is a sign, symbol, word, or words registered or authorised for use in representing the goods or services of a company. Consequently, any tampering or unlawful use of this trademark by a company to which it does not belong gives the authorised company the right to take legal action, making a company’s trademark the most essential aspect of its existence.
A logo is a form of trademark consisting of a design that is typically used by a company or individual and placed on its products or printed materials relating to its services. The logo may consist of a design by itself, a design with letters or words, or merely stylized letters or words. In contrast, some trademarks consist only of letters or words without any design; however, these are not logos.
Characteristics Of An Ideal Logo
The logo should be elegant, concise, and simple for consumers to remember.
A good logo design for a trademark must include essential components such as colours, sketch lines, words, text, or an outstanding design.
The logo should not be incompatible with any community or religious name, geographical name, or registered trademark.
The logo should not include any promotional or adultery words.
Conditions for Trademark Registration of a Logo
- Name, address, and nationality of the petitioner; if the applicant is a corporation, the state of incorporation.
- Products or services to be registered
- Trademark or logo reproduction
- Date of first use of the trademark in India, if you have used it prior to filing an application.
- The applicant must execute a power of attorney on Rs. 100 stamp paper.
- If the mark consists of or comprises non-English words, an English translation of those words is required.
Logo Registration Procedure
Once a business is established, it must register its trademark with the Registrar, which is only valid for ten years. It is a straightforward and essential procedure that requires little effort.
The first step in registering a trademark is to research its availability and distinctiveness.
The Trademark Attorney will conduct online and physical searches.
Once uniqueness has been confirmed, the trademark registration application can be submitted.
Filing of a trademark registration
- The filing of trademark applications can be done both online and offline.
- Register on the Office of Trademarks website.
- Sign in after registration using your user ID or digital signature
- Complete the application form and save your information to generate a temporary application number.
Sign application using digital signature
Submit the payment for the application fee
Permanent application number is issued two days after payment confirmation.
- After the trademark application has been submitted, any discrepancies are examined.
- Examination typically takes 12 to 18 months.
- The exam may be granted unconditionally, conditionally, or objected to.
- If the trademark is approved, it is published in the Trademark Journal.
- If the trademark is not accepted, the objections listed in the examination report must be resolved within a month for it to be published in the Trademark Journal.
- This phase is included to declare trademark ownership publicly and allow objections within three to four months of publication.
- In the absence of any opposition, the trademark is registered.
- In the event of opposition, an impartial hearing is held and the Registrar renders a decision.
Certificate of Registration Once the application for trademark registration has been processed and published in Trademark Journal, a trademark registration certificate is issued.