Logo Registration in India – An Overview

Thus, if you own a business or are considering starting one, and you're wondering whether or not registering your trademark or logo is important, or you are thinking, is registering a logo beneficial to the business or is it actually unnecessary? Then, allow us to ask you a question: How would you feel if someone else used your company's logo to run a business and made money off of it?

As creating a brand requires a lot of effort and money, registering a logo is the most straightforward answer to this problem. Because the logo offers your brand a unique character, it is crucial to ensure that you have exclusive ownership of its use. The Trademarks Act of 1999, and the Trademarks Regulations of 2002, as amended from time to time, govern trademark law and provisions in India. A trademark is essentially a mark that can be visually represented and may be used to differentiate one person's goods and/or services from those of others. This mark may take the form of an item's shape, packaging, colour scheme, etc.

What is a Trademark?

Simply put, a trademark is a name or logo that you use to identify your company. A visible symbol, such as a word signature, name, device, label, numerals, or combination of colours that is used by the owner of the trademark to identify goods, services, or other objects of commerce in order to set them apart from similar goods or services offered by other companies. A trademark is something that manufacturers or service providers use to distinguish their own goods and/or services from those of others. It can be a word, symbol, logo, brand name, wrapper, packing label, tagline, or a combination of these. It is utilised to set the owners' goods and services apart from those of their rivals.

A well-known illustration of a logo trademark is McDonald's ‘golden arches’. The golden arches can be seen across the highways to alert customers.  There is no mention of the word McDonalds on these golden arches because their customers have come to know that a golden arch only represents McDonalds. The Nike’s ‘swoosh’ is another iconic example of logo trademark.

Trademark Act of 1999

Here are some of the important sections that one must be aware of, before we move forward with the process of logo registration in India.  

Chapter II– The register and conditions for registration

• Section 6 of the Act talks about the register of Trade Marks.
• Section 7 of the Act talks about the classification of goods and services.
• Section 9 of the Act talks about the absolute grounds for refusal of registration.
• Section 11 of the Act talks about the relative grounds for refusal of registration.

Chapter III – Procedure for registration and Duration of the registration  

• Section 18 of the Act talks about the application for registration.
• Section 19 of the Act talks about the withdrawal of acceptance.
• Section 21 of the Act talks about the opposition to registration.
• Section 22 of the Act talks about the correction and amendment.
• Section 23 of the Act talks about registration.
• Section 25 of the Act talks about the Duration, renewal, removal, and restoration of registration.

Chapter IV- Effects of registration

• Section 27 of the Act talks about the no action for infringement of unregistered trade mark.
• Section 28 of the Act talks about the rights conferred by registration.

Chapter IVA: Special provisions relating to the protection of trademarks through international registration under the Madrid Protocol

• Section 36A of the Act talks about the application of Act in case of international registration under the Madrid Protocol.
• Section 36D of the Act talks about the international application originating from India.
• Section 36F of the Act talks about the effects of the international registration.
• Section 36G of the Act talks about the Duration and renewal of international registration.

Chapter VI: Use of trademark and registered users.

• Section 48 of the Act talks about registered users.
• Section 49 of the Act talks about registration as a registered user.
• Section 52 of the Act talks about the right of registered users to take proceedings against infringement.

Benefits of Logo Registration in India 

Here is the list of benefits that one can enjoy after registering their logo: 

• It provides legal protection to you: When a trademark is registered, it is designated as intellectual property, which means it is protected against infringement. The exclusive right to use a trademark.
• It helps in product differentiation: the logo gives a unique look to the goods or services they represent. A logo registration will allow you to distinguish your goods from your rivals, and it also helps in brand recognition.  
• It helps you build goodwill for your good/ service: Another benefit of logo registration in India is that it helps build goodwill for your product or service. Generally, the customer recognises a logo more than a brand name. 
• Owners enjoy exclusive ownership: The owner of a registered logo will enjoy exclusive rights for a period of ten (10) years. The owner can renew the registration by paying the required fee.

Documents Required for Logo Registration in India

Following are some vital documents required for Logo Registration in India:

• In the case of Sole Proprietorship / Individual

1. Copy of the logo, preferably in black & white (Optional).
2. Signed Form-48.
3. Identity Proof of the individual or Proprietor.
4. Address Proof of the individual or Proprietor.

• In the case of Partnership/Limited Liability Partnership/ Start-up or Small Enterprises

1. Copy of Logo (Optional)
2. Signed Form-48.
3. Udyog Aadhar Registration Certificate.
4. Incorporation Certificate or Partnership Deed.
5. Identity Proof of Signatory.
6. Address Proof of Signatory.

• In the case of other applicants (These include companies that are not registered with Udyog Aadhar.)

1. Copy of Logo (Optional)
2. Signed Form-48.
3. Incorporation Certificate or Partnership Deed.
4. Identity Proof of Signatory.
5. Address Proof of Signatory.

What is the process of Logo Registration in India?

The definition of the term "trademark" can be found in Section 2(zb), and Chapter 3 of the Trademarks Act of 1999 covers the application process and trademark validity. The following describes the process of Logo Registration:

1. Registering a trademark on the trademark registry's website:

The first step is to register your logo by logging into your account on the trademark registry's official website.

2. Trademark search:

The first and most important step before registering a logo is to perform a trademark search to determine whether the company name, brand, or emblem is similar to any already registered trademarks.

3. Filing of trademark application:

A brand name registration application can be submitted to the appropriate trademark registry following the completion of a trademark search. The trademark registration application must be filed, approved, and accompanied by all necessary paperwork and fees to the government.

4. Examination of trademark application:

Competent examiners review brand name applications that are submitted to the trademark registry to see if they fit the requirements for trademark registration. If so, the brand name is later made public by being published in the trademark journal. Nonetheless, in accordance with the Trade Marks Act of 1999, the application may be treated as being rejected for either absolute or relative grounds. In that instance, a report on the examination will be generated. The Trademark Registry has established a deadline for the resolution of any objections or anomalies regarding the trademark application.

5. Show Cause Hearing:

If the response to the examination report is improper, the Trademark Registry has the right to hold a trademark hearing. The trademark hearing notice will be posted to the web as well as sent to the address listed in the application. To provide evidence in favour of the application and request the hearing officer to approve the trademark application, the applicant must appear in person or with a representative or attorney.

6. Publication of Logo in Trademark Journal:

The trademark is examined before being published in the Trade Marks Journal. The application for the registration of a logo has a four-month frozen period during which opposition or third parties may still object. The Registry will hold a hearing if a party files an opposition to make sure the parties have enough evidence to support their allegations.

The Registrar of the relevant trademark register makes a decision based on the case's facts and supporting documentation in favour of either party.

After being reviewed, the trademark is then published in the Trade Marks Journal. During the four-month freeze period following the submission of the logo registration application, third parties may submit an opposition. The Registry will hold a hearing if a party files an objection to make sure the parties have enough evidence to back up their allegations. The Registrar of the appropriate Trademark Registry then renders a decision in favour of either side based on the case's facts and supporting evidence.

7. Trademark Registration & Certification:

Your logo trademark is legally registered if the Registry doesn't receive any objections within the allotted time frame. The Trademark Registry will provide a certificate of registration with its seal on it.

For your better understanding, here is chart explaining the whole process:

Corpbiz support

We at Corpbiz provide small to large businesses in India with quick logo registration services. We carry out every single work flawlessly and on time, from the verification of logos to the submission of applications for registration with the trademark office. In order to establish credibility and market confidence for business owners, we have been actively assisting them in registering their company logos. Our team of skilled specialists is knowledgeable about the legal requirements and documentation procedures for logo registration.