Logo Registration in India | How and Why to do it?

 

A logo is an organization's Intellectual Property (IP). So, logo registration in India should be done with a specific objective in mind to increase brand awareness among potential purchasers. 

A logo might be a word, a statement, or any visual that is designed to speak to the entire organisation. When it comes to legally maintain business services, logo registration is really important. 

There are specific logo registration approaches defined by the trademark registration online to include all upcoming corporate ventures. 

A business acquires its name and acclaim through its extraordinary logo and trademark, therefore it's unavoidable for each business visionary to look through a remarkable logo and after that register for registration to secure the notoriety of the business.

 

What is the procedure Logo Registration in India?

 

1- Look for a registered logo or the availability of a logo.

The initial step is to determine whether your unique name or logo has already been taken. You most likely conducted a basic examination to see whether there are any other spaces with the same name as you. 

Regardless, it should be done authoritatively, through the Trademarks Office. This should be possible both online and offline.

It is recommended that you consult with an experienced lawyer (you must provide him/her with an authorization document). 

They are informed about the system and can direct a detailed search. 

Furthermore, if another such name or logo has just been trademarked, but you believe you have rights to it, you will need the advice of a lawyer.

 

2- Submit Form TM-1 for Logo Registration

So, now that you've completed the Logo Search, it's time to file Form TM-1. Each of these forms would only include one application. 

So, if you wanted to register the trademark in two classifications (i.e. sectors) – say, Technology and Computer Hardware – with a separate logo for each, you'd need to file four applications. 

In this situation, you would spend Rs. 16,000 in government fees of Rs. 4,000 each application. Lawyer's fees, which begin at Rs. 2,000 each application, would be additional. 

Of course, in the case of logos, you would also need to give a JPEG image of it.

The confirmation or acknowledgement, which includes the documentation date and application number, is received immediately, but the Original Representation Sheet takes an extra two days.

 

3- Change the Trademark Symbol in the Logo

When the Logo Trademark Registration application is provided, an application for each TM application is prepared. 

When you receive the application number, you can use TM with your logo.

 

4- India Logo Registration Examination Report

The process of examining your claim to the trademarked emblem begins right now. First, the administration will determine whether it has any objections to your application. If there is, this is what happens:

a) No Objection: If the administration has no objections to the trademark you've applied for in its examination report, it will issue a Letter of Acceptance (also known as a TLA arrangement), following which a promotion will be placed in the Trade Marks Journal.

b) An Objection: The legislature may object for a variety of reasons, including concerns that the word or logo is too similar to a current trademark, that it is foul, or that it may harm religious assumptions. If you want to fight this objection, you will need to pay an additional Rs. 3,000, as well as lawyer's fees, which should be between Rs. 4,000 and Rs. 5,000. This is to develop a response to the issue or to show proof of your trademark's originality. A meeting with the inspector may also be scheduled. In this case, the lawyer must be entirely aware of your company's activities.

 

5- Publication of Company Logo in Trademark Journal

After the administration has indicated its approval, the trademark is now ready for public viewing in the Trade Marks Journal. If no one objects within four months of its distribution, the trademark registration authentication will be provided within six to ten months. In any case, if there is a restriction, the problem could be delayed for quite some time, as the two groups will be given the opportunity to be heard. Lawful expenses would likewise apply.

 

6- Logo Registration

The trademark will be registered approximately 9 months after the notification is issued. If a limitation occurs, the Registrar will assist you 9 months after the occurrence. The registered brand is substantial for a long time and is inexhaustible inconclusively.

 

Timeline for Registering a Trademark in India

The trademark application number is normally issued within one or two working days of filing. However, the overall procedure is fairly extensive, with registration typically taking 18 - 24 months (much longer in some situations) (assuming there are no objections filed).

 

Trademark Registration and Filing Requirements:

The following documents are often requested when filing for trademark registration online:

• Full Applicant Name 
• Type of Business 
• Main Business Objectives 
• Name of the Brand / Slogan / Logo 
• ID Proof 
• Address Proof of Registration
• Board Resolution on Power of Attorney (in case of a Company)

 

What is the cost of registering a logo in India?

The following are the logo registration fees in India:

a) To file a Tm-1 form, you must deposit Rs. 4500 for E-filing and Rs. 5000 for Physical Filing per application per class, as well as the lawyer's fees levied by the relevant lawyer.

b) There is no price for issuing an examination report, however, there is a fee of Rs. 4000 to Rs. 6000 if an objection raises.

 

The Importance of Online Trademark Registration Why Should You Sign Up?

Simply put, "if you do not register your trademark, someone else will."

This might put your company and its products or services in jeopardy right away. Obtaining a registered TM legally protects your brand and gives you the ability to prevent others from using similar symbols of your company.

By registering your brand, you obtain the legal right to take necessary action against anyone who attempts to register conflicting trademarks or is operating with conflicting brand names similar to yours.

As your product or service gets more popular and profitable, the trademark will gain inherent value. Also, keep in mind that investors will carefully consider whether you have done the necessary legal precautions to preserve your brand.