Logo/Trademark Registration (India)

Logo/Trademark Registration in India (Delhi, Gurgaon, Noida, Mumbai, Banglore etc.) at best price

What Is A Trademark?

A trademark is any unique expression related to a product or service that distinguishes it from others. A trademark can be a visual symbol, which may be a word, a name, a device, label or numerals used by a business to distinguish it from other goods of different business.

It is your silent salesman, your legal umbrella, your asset to flaunt. Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.

Requirements of Trademark registration :

It is an important to collect the below listed information which would be required for filing the Trademark Application form for trademark registration.
1. Name of the Applicant – individual/company/proprietorship firm/trust/partnership filing the application. In case of joint applicants/partnership details of all the applicants/ partners.
2. Address of Applicant(s) filing the application.
3. Nature of the entity filing the application (individual/proprietor/partnership firm/ company/ HUF/ LLC).
4. Nature of products/services for which the logo/ mark is used- try to be as specific as possible.
5. Nature of your business (Manufacturer/ Trader/ Service provider).
6. If the mark is already in use then the approximate date since when the mark has been in used in India.
7. Date of the first commercial use of the mark anywhere in the world.
8. A copy of the mark/logo (preferably soft copy) for which trademark is sought.
9. A signed Power of Attorney (Form TM-48) on Stamp Paper in favour of the Trademark Agent/ Advocate.

PROCESS OF TRADEMARK REGISTRATION IN INDIA

Step 1: Filing of an Application
Step 2: Examination of the Application
Step 3: Publication of the Application
Step 3.1: Opposition by Third Party (if that happens)
Step 4: Hearing before Registrar
Step 5: Registration of Trademark

Trademark registration process has been changed a lot after the introduction of new trademark rules 2017 by the government of India. Quick summary of these changes the new rules have distinguished the applicant into three main categories:

1) Individual/sole proprietorship
2) SME/Startup
3) Body corporate

Not only we have three applicant types but fees and requirements for each of the categories has also been changed, now the Government fees for Trademark application i.e TM-A is Rs 4500 in case of Individual/sole proprietorship and SME /Startup and Rs 9000 for Body corporates- be it LLP, Partnership firm , Private limited Company or One person Company.

In case you are a new company and want to file Trademark application on your company’s name, you may now have to shell out Rs 9000 + professional fees.

Finding a Suitable Logo/TM

The Logo that you want to have for your brand needs to be unique and available for use which means the logo is not registered with some other entity and you can register it for your business. The process includes a thorough search of the logos in different registers of logos and trademark, so that you can get the full details of the type of logos already registered and which one you can register as a new one. Searching the previous registered logo helps in saving your money a lot as you can be assured of your logo being unique and ready for use. Normally the reports are handed over to the clients within 24 hours of the beginning of the logo searching process.

 

Filing the Application for Logo/TM Registration

The second part of the process is the application that you need to file for registration of your logo when you are assured of your logo being available for use. You will receive an acknowledgement of the application after 15-20 days if you file the application manually and then you can start using the symbol TM with the logo. But if you are filing the application though the online portal, then you can then and there get the acknowledgment copy and you can start using your logo.

 

Verification of the Application for Logo/TM Registration

The third step is the examination carried out by the registration office for the logo that is whether it is available for use or not and other business factors are in place or not related to the logo. The Registrar carry out the examination process and then file the report of the results found after he gets the application for the registration of the logo. The Registrar examines the application on the basis on the law pertaining to the logo registration besides checking for the above mentioned facts and even he checks with the logo with the logos of applications which are pending beforehand.

 

Logo is Published in the Trademark Journal

The next step which is the fourth in the row is about the logo publication in the Trademark journal. If the logo is found to be usable and the applicant removes the objections on logo (if any), the registrar advertise the same on the Trademark Journal welcoming opposition. If no one opposes the logo within 90 days of its publication or if extension was requested, then 120 days, the logo will be accepted for registration.

 

Certificate of Logo/TM Registration

The fifth and the final step in this process is availing the certificate for the registration of your logo. When the Registrar accepts your registration for the logo after the above mentioned steps, you will be furnished with a certificate of Registration of the Logo which will have the seal of Trademark Registry.

What is a trademark?

A trademark is defined as a unique identifier or indicator used by an individual(s) or an enterprise to differentiate goods, products or services of one trader or person from those of others. It could be a logo, signature, word, label, name, shape of the products, colors, etc or a combination of the same.

What qualifies a trademark as good?

A good trademark needs to be easy to understand, remember and spell.
It should be unique.
It should be concise and not descriptive.
It should not contain words that are deceptive.

What are the benefits of a trademark?

A good trademark identifies and differentiates products and services.

It is a symbol of positive advertising and goodwill for goods and services.

Gives people the right to information on not buying sub-standard goods

Is trademark registration mandatory?

It is not mandatory to register a trademark but always advantageous and advisable to do so.

Can a multi-class trademark be created?

Yes, it can be created.

What are requirements to register a trademark?

The requirements of a trademark are as follows-
Copy of Logo and Trademark designed.
Name of the individual or proprietor with details like name, address, nationality, etc.
Products or services rendered.
Power of attorney signed on a ₹ 100 /- stamp paper.

What can be considered as a source of trademark laws?

It can be:
Multilateral conventions.
National bilateral treaties.
Regional treaties
Court Decisions.
Office practice reduced in Manuals and guidelines and rulings of the Courts.
Decision of the Intellectual Property Appellate Board.
Matter written by and experts and academicians.

What are the official formalities for trademark transactions?
For new applications : Form TM-1, TM-2, TM-3, TM-8, TM-51 : Fees ₹4000/- To file an opposition notice published in the trademarks journal: Form TM-5: ₹ 2500/- Renewal of trademark: Form TM-12, Fees: ₹ 5000/- Surcharge of Renewal: Form TM-10, Fees: ₹ 3000/- Restoration of Mark: Form TM-13, Fees: ₹ 5000/- Application of rectification of registered trademark, Form TM-26, Fees: ₹ 3000/- Certificate of legality: Form TM-46 : Fees: ₹ 500/- Copyright request and certificate issuance : Form TM-60: Fees: ₹ 5000/-
Can a trademark be sold or transferred?

A trademark can be sold or transferred as it is deemed as an intellectual property and thus, if the licensor wishes to sell it, he/she can do so to another licensee.

What is protection of trademark?

According to the Trademarks Act, 1999, in India, it gives the individual(s) or enterprise to protect owners rights and impose criminal charges on infringement of the trademark owner's rights.

Are there any benefits of trademark registration?

Yes, there are benefits of trademark registration.

  • After registration, an individual(s) or enterprise can get exclusive right to use a trademark to identify goods, products and services.
  • For advertisement of goods and services.
  • Create brand equity and credibility of the registered user and/or brand.
Who is eligible to apply for a trademark?

Any individual, enterprise or proprietor who claims to be the owner of the business, brand or trademark is eligible to apply for a trademark.

How is a trademark represented?

A trademark can be represented as TM (unregistered trademark)or ®(registered trademark).

Can 3-D symbols be used as objects?

Yes, 3-D symbols can be registered as trademarks.

What can be considered as a trademark?

Trademarks in terms of Sight, Sound, Smell, Fragrance, and Touch can be considered as a Trademark.

What are the different types of trademarks?

The different types of trademarks can be classified as -
Product trademarks- Identity of goods and its owner.
Service trademarks- Identify services and service provider.
Trademark certifications- Goods tested in accordance with a nationally accepted standard.

What is the validity period of a trademark?

The validity period of trademark is 10 years from the date of application, and thus can be renewed with the government after payment of fees.

What kinds of trademarks cannot be registered?

Trademarks that cannot be registered are-
Deceiving trademarks.
Trademarks that are hurtful to religion or the people of India.
Contain offensive and disreputable content.
Prohibited trademarks under the Emblems and Names Act, 1950.

What Can Be Trademarked?

Any person or business claiming to be owner can apply for a trademark including