Trademark

Process to Register a Logo Trademark in India – An Overview

calendar19 Dec, 2022
timeReading Time: 4 Minutes
Process to Register a Logo Trademark in India – An Overview

Whenever we consider purchasing a product, the brand and seller come to mind. Even the distinctive logos, jingles, and colour schemes used on the product packaging stick in our minds. The trademark of a product refers to the signs, symbols, logos, and jingles that give it its distinctive identity. Trademarks are a form of intellectual property that has become quite significant. In the modern world, brand owners and manufacturers are fully aware of the value of trademarks and the rights that come with trademark registration. There are numerous categories of trademarks in India, each of which entitles the trademark owner to legal rights and protection upon registration. In India, trademarks are registered with the Controller General of Patents, Designs, and Trade Marks. The registration process can be completed either offline (physical filing) or online (E-filing).

In this article, we will discuss how to register a Logo Trademark in India. Is trademark registration worthwhile? Let’s explore.

An Overview of the Trademark Act

In India, there was no trademark law in place before 1940. Numerous issues involving trademark infringement, both registered and unregistered, arose and were addressed in accordance with Section 54 of the Specific Relief Act of 1877, while registration was decided under the Indian Registration Act of 1908. To address these issues, the Indian Trademark law was enacted in 1940.

The Act of 1940 got replaced with the Trademark and Merchandise Act of 1958. It improved trademark protection and inhibited the misuse or fraudulent use of marks on merchandise.

Act of 1958 was replaced by the Trademark Act of 1999[1], which was compliant with TRIPS (Trade-related aspects of intellectual property rights).

Advantages of Register a Logo Trademark 

A trademark allows you and a third party to differentiate your products and services from your competition. But it’s important to remember that geographical names, common names, common trade phrases, and popular abbreviations cannot be registered as trademarksThere are several advantages and benefits an owner can avail once they register a Logo Trademark, which are as follows: 

  • Exclusive rights to use the trademark
  • The registered trademark owns the brand value
  • Securing business goodwill
  • Provides its owners with a legal protection
  • Ease of making advertisements and strong public relations

What are the documents required to Register a Logo Trademark in India?

The following are some vital documents required to register a Logo Trademark in India:

  • In the case of Sole Proprietorship / individual
    • Copy of the logo, preferably in black & white (Optional).
    • Signed Form-48s.
    • Identity Proof of the individual or Proprietor.
    • Address Proof of the individual or Proprietor.
  • In the case of Partnership/Limited Liability Partnership/ Start-up or Small Enterprises
    • Copy of Logo (Optional)
    • Signed Form-48.
    • Udyog Aadhar Registration Certificate.
    • Incorporation Certificate or Partnership Deed.
    • Identity Proof of Signatory.
    • Address Proof of Signatory.
  • In the case of other applicants
    • Copy of Logo (Optional)
    • Signed Form-48.
    • Incorporation Certificate or Partnership Deed.
    • Identity Proof of Signatory.
    • Address Proof of Signatory.

(These include businesses that do not have Udyog Aadhar registration.)

Process to Register a Logo Trademark in India

The word trademark is defined under Section 2 (zb) and he process and validity of the trademark are covered in Chapter 3 of the Trademarks Act, 1999. The process to register a logo trademark is explained below:

Registering a Trademark on the Trademark Registry’s Website:

The first step is to log in to the account on the official portal of the trademark registry and register your logo. 

  • Trademark Search:

Before registering a logo, the first and foremost step is to conduct a trademark search to see if the company name, brand, or emblem is similar to any previously registered trademark.

  • Filing of Trademark Application:

After a trademark search is finished, a brand name registration application can be submitted to the relevant trademark registry. The trademark registration application must be submitted and approved, with the required supporting documentation and government fee.

  • Examination of Trademark Application:

When a brand name application is submitted to the trademark registry, competent examiners examine it to determine whether it meets the standards for trademark registration. If it does, then the brand name is subsequently published in the trademark journal for public notice. However, according to the Trade Marks Act of 1999, the application may be handled as objected under absolute grounds of denial or relative grounds of refusal. A report on the examination will be produced in that case. As required by the Trademark Registry, the objections or discrepancies submitted concerning the trademark application should be resolved within a specific time frame.

  • Show Cause Hearing:

The Trademark Registry has the authority to hold a trademark hearing if the response to the examination report is inappropriate. The trademark hearing notice will be sent to the address specified in the application, as well as it will be uploaded to the portal. The applicant must appear in person or with a representative or attorney to present evidence supporting the application and ask the hearing officer to approve the trademark application. 

  • Publication of Logo in Trademark Journal:

After examination, the trademark is published in the Trade Marks Journal. There is a freezing period of four months during which the application for logo registration remains open to opposition/third parties. If a party files an opposition, the Registry shall conduct a hearing to ensure that the parties have sufficient grounds to establish their claims. Considering the facts of the case and supporting documents, the Registrar of the appropriate trademark registry decides in favour of either party to the case.

The trademark is then published in the Trade Marks Journal after it has been examined. The application for logo registration has a four-month freeze period during which third parties can file an opposition. If a party files an objection, the Registry will conduct a hearing to ensure that the parties have sufficient grounds to support their claims. Then the Registrar of the relevant Trademark Registry decides based on the case’s facts and supporting documentation in favour of either party.

  • Trademark Registration & Certification:

If no objections are received by the Registry within the time frame specified, your logo trademark is officially registered. A certificate of registration bearing the Trademark Registry’s seal will be issued.

What Is The Validity Of A Registered Trademark?

A logo trademark registered in India is valid only for ten years and it can be renewed after that.

Conclusion

Have you ever seen a TM symbol or an R with a circle on a product? There are numerous instances of the same that we encounter every day. This sign serves as proof that a trademark is registered. The fact that practically every product has a registered trademark is intriguing. After going through the entire trademark registration process, it is evident that registering your trademark is essential because you can gain countless advantages in the form of rights, and no third party can infringe upon your trademark or commercially exploit your product or services. So don’t let anyone steal your originality; register it instead!

Read Our Article: Process of Registering a Company Logo in India

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