Trademark Registration Logo Requirements in India
Trademark Logo
Trademark Logo
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.
Why Logo?
A logo of Company 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 Company 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.
Eligibility Criteria for Trademark Logo Registration
Attributes Of Perfect Logo
- The logo of company should be elegant, precise, and easy to remember by the consumers
- A good logo design for a trademark must comprise necessary elements, including colors, sketch lines, words, text, or amazing design.
- The logo should not conflict with any of the community or religious names, any geographical name, or any already registered trademark.
- The Company logo should not consist of any promotional or adultery words.
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Documents Required for Trademark Logo Registration
For trademark logo registration online, the applicant must submit the following documents along with the Company Logo registration application to further his candidature in front of the Examiner:
- Applicant details like name, address, and nationality; if the applicant is a company, then the 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
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How to Register Logo in India?
1- Search Registered Logo or Logo Availability
The primary piece is the search for whether your one of a kind name or logo has been taken as of now. You have most likely led a fundamental examination while verifying whether there are some other spaces utilizing an indistinguishable name from you. Be that as it may, it should be done authoritatively, with the Trademarks Office. This should be possible both on the web and disconnected. It is prescribed that you counsel an accomplished lawyer (you would need to give him/her with an authorization letter). They are knowledgeable in the system and are have the capacity to direct a comprehensive search. Additionally, if another such name or logo has just been trademarked, yet you trust that you have appropriate to it, you would require the assistance of a lawyer.
2- Filing of Form TM-1 for Logo Registration
So now that you have Completed Logo Search, on to filing of Form TM-1. Each such form would contain only one application. So if you were registering the trademark in two classes (i.e. sectors) – let’s say Technology and Computer Hardware, as well as a separate logo for each, you would be making four applications. With government fees at Rs. 4,000 per application, you would be paying Rs. 16,000 in this case. The lawyer’s fees, which start at Rs. 2,000 per application, would be extra. Of course, in case of the logos, you would need to also to provide a picture of it in the JPEG format. The affirmation or Acknowledgement, which says the documenting date and application number, is gotten instantly, however the Original Representation Sheet would take an additional two days.
3- Edit the Logo with the Trademark Symbol
Once the Logo Trademark Registration application is presented, an application is created for each TM application. When you get the application no. TM can be utilized alongside your Logo.
4- Examination Report on Logo Registration India
The way toward scrutinizing your claim to the trademarked logo just starts now. First the administration will itself check in the event that it has objections to your application. This is what happens if there is:
a) No Objection :
If the administration has no objection to the trademark you’ve connected for in its examination report, it will issue a Letter of Acceptance (otherwise called a TLA arrange), after which a promotion will be put in the Trade Marks Journal.
b) An Objection:
The legislature could raise objections for an assortment of reasons: it might consider the word or logo excessively comparative; making it impossible to a current trademark, trust it to be foul or that it could hurt religious assumptions. In the event that you wish to challenge this objection, you would need to pay a further Rs. 3,000, and also lawyer’s expenses, which ought to be at least Rs. 4,000 to Rs. 5,000. This is to outline a reaction to the objection or present confirmation of the uniqueness of your trademark. A meeting with the inspector may likewise be posted. For this situation, it is basic for the lawyer to be completely mindful of your business exercises. On the off chance that the legislature pulls back its objection, it will then distribute the notice in the Trade Marks Journal.
5- Advertisement of Company Logo in Trademark Journal
The administration having flagged its approval, the trademark is presently prepared to be seen by the general population, in the Trade Marks Journal. In the event that nobody is against it 4 months from its distribution, the trademark registration authentication will be issued in 6 to 10 months. In any case, if there is a restriction, the issue could delay for quite a long time, as the two gatherings will be offered chance to be heard. Lawful expenses would likewise apply.
6- Logo Registration in India
Around 9 months after the notice is distributed, the trademark will be enlisted. If there should arise an occurrence of a restriction, 9 months after the Registrar leads to support you. The enrolled trademark is substantial for a long time at any given moment and is inexhaustible inconclusively.
What is Logo Registration Fees in India?
Logo Registration Fees in India is As follows:
a) For Filing Tm -1 form you have to deposit Fees Rs. 4500 for E-filing and 5000 for Physical Filing per application per class and lawyer’s fees as charged by the respective lawyer.
b) For Issue of Examination Report, No fee is levied but Rs. 4000 to Rs. 6000 in case of an objection arises.
Logo or Trademark Registration both are the same?
Logo registration in India, Logo Registration Online, Logo Registration Charges and Logo Registration Fees in India are governed by the Trademark Registration act in India. All The rules and regulation Concerning Logo Registration Is laid down in Trademark Act in India. In that Way we can Say Logo Registration and Trademark registration are same.
Created & Posted by Sony Garg
Accountant at TAXAJ
TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/Business, Trademark & Brand Registration, Digital Marketing, E-Stamp Paper Online, Closure of Business, Legal Services, Payroll Services, etc. For any further queries related to this or anything else visit TAXAJ
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