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Trademark Logo Registration: Pre-conditions and Procedure

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Before learning about Trademark Logo registration, let us first understand what a Trademark and Trademark Logo is. One can define a trademark as a sign, symbol, or word registered for the use of representation of a business’s product or services or both. Therefore, any tampering or illegal use of the trademark by other businesses to which it does not belongs gives the authorized company the legal right to action in Court. This effectively makes the trademark the company‘s most important feature.

Trademark Logo

A trademark logo is a type of Mark consisting of a design employed by a Company. It is placed on the company’s products and printed material related to their services.  The Logo is a design by itself. It can be a design with letters and words. Or it can be a design consisting of stylized words and letters. Sometimes, trademark logos consist only of letters or words without any design. Such representations would not be considered logos.

What is takes to make a Perfect Trademark Logo ? 

For the Examiner to approve the Trademark Logo at the Registrar’s Office, the applicant must try to create the perfect or near-to-perfect Logo. Below we have discussed some of the guidelines for making a perfect logo:

  • Trademark logo must be elegant, precise, and easy to remember
  • A good logo design must comprise the following necessary elements
  1. Colors
  2. Sketch Lines
  3. Words
  4. Text
  5. Amazing Design
  • The Trademark logo must not trigger conflict with any of the following:
  1. Community
  2. Religious Names
  3. Geographical Name
  4. already Registered Trademark
  • The Trademark logo must not contain any promotional or obscene words.

Required Documents For Trademark Logo Registration

Every Trademark Logo applicant must submit the following documents before filing for Logo Registration with the Registrar:

  • Applicant details, such as:
    1. Name
    2. Address
    3. Nationality
  • If the applicant is a company, then the State of Incorporation
  • Goods and Services of the applicant
  • Trademark Logo copy
  • Date of Trademark’s first use in India, if used before applying
  • Power of Attorney (To be signed by the applicant on 100 rupees stamp paper
  • Translation of words into English if it contains non-English words

How to Register Logo Trademark in India ?

Once a company is registered, it must apply for its trademark with the Registrar. A trademark is valid for ten years. Trademark Logo Registration is a simple and necessary process. It does not require much effort. The following are the detailed steps in the registration of a Trademark Logo:

Conducting a Trademark Search on the Applied Logo

The first step to a trademark is to search for its availability. The Trademark Attorney will search the applied trademark both online and offline. Once he confirms its uniqueness, the applicant can file the Trademark Registration application with the Registrar.

Filling the Trademark Logo Registration Application 

The applicant can file for the Company Logo registration online as well as offline.

  1. Register on the Trademark Office website
  2. Log in using your ID or DSC (Digital Signature Certificate)

  3. Fill in the application form
  4. Afterwards, save details to generate a TAN (Temporary Application Number)
  5. Sign the registration application using the DSC
  6. Make the registration processing payment
  7. A PAN (Permanent Application Number) is generated and valid for two days after payment receipt.

 

Examination of the Filed Application: Scope for Trademark Objection

  1. After filing for the trademark logo registration, the examination for discrepancies occurs.
  2. The TM examination takes about 12-18 months.
  3. The Trademark, post that period, can be passed absolutely, conditionally, or even objected to by the Examiner.
    • If accepted, the trademark gets published in the Journal for further review.
    • If not accepted, the applicant must fill in the objections mentioned in the examination report within a month.

 

Publishing the Un-objected Trademark in the Journal

By this time, the applicant publicly declares his or her trademark ownership. But he must also muster the courage for more trademark oppositions within 3-4 months of trademark publication.

  • In case of no opposition, the trademark is approved, and the owner is granted the registration certificate.
  • In case of opposition, the Court invites a fair hearing and takes the final decision.

 

 The application further proceeds for Registration after publication in Trademark Journal, and finally, the     Registrar issues the trademark  logo registration certificate to the applicant.

 

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