How Much Does Logo Trademark Registration Cost in India

You can register any new brand, logo, or design that identifies and sets one person’s or company’s goods or services apart from those of others using trademarks registration, a type of intellectual property protection. Learn about the Online Logo Trademark Registration Process! Trademark attorney cannot be used on products or services that are identical to those that are being registered. A concept or slogan cannot be protected by trademark unless it is associated with a specific shape, sound, color, smell, or feel.

 

Why Logo?

A company’s logo is a form of trademark attorney that is typically used by the company or individual and appears on printed materials about the firm’s services or products.  The company logo can be a single design, a design that combines words or letters, or just a design made up of stylised words or letters. However, these would not be regarded as logos because some trademarks registration are just made up of letters or words.

The requirements for registering a logo trademark .

1. The company’s logo should be sophisticated, accurate, and simple for customers to recall.
2. A trademark logo design should have all required components, such as colors, lines drawn in a sketch, text, words, or an incredible design.
3. The logo must not be in contradiction with any geographical name, religious or community name, or register a trademark that has already been registered.
4. No adulterous or promotional language should appear in the company logo.

 

How to protect a logo with a trademark

By registering it, a distinctive logo can be registration. For their business, anyone can apply online. The following are the standard procedures for trademarking a logo:

Step 1: Ascertain whether trademark registration is required. Considering the cost, time, and effort involved in the procedure, ask yourself if registration is really necessary. If a company can demonstrate first use, it will receive limited common law rights after using a logo registration for advertising or product sales. However the protection afforded by common law is limited to the location in which the firm operates. It is advisable to register if national protection is required.

Step 2: Look up trademarks already in use. It’s crucial to look for similar registered trademarks already in use before applying. When the logo registration is most likely to be confused with already-existing logos for comparable products or services, the application may be denied. Logos ought to be distinctive and cannot be generic. Look up current logos in the trademark database. It will be of great use to you in determining the likelihood that your logo will be registered.

Step 3: Get the application ready. Applications can be completely rejected due to inaccuracies, and costs are non-refundable, so double check everything before submitting. Trademark attorney can offer valuable advice to prevent issues and save time and effort.

trademark attorney / Lawyers will know how to craft brand descriptions using exact legal jargon. With their help, typical errors can be avoided, cutting down on the amount of time required for registration. Prepare the applicant’s name and contact information, the products or services that the logo registration would represent, even a digital file containing the logo registration, a sample demonstrating the logo’s actual use, if any, and the necessary payment. 

Think about whether to apply for registration for a black-and-white or color logo. Protection is only indicated by color registration when those colors are used in display. Having a black and white trademark registration gives you the option to change it later without having to reapply. For the best defense, discuss the strategic variant with an expert trademark attorney.

 

Examples of trademark logos registration

• Fanciful trademarks: Since imaginative trademarks are wholly original works of art with no function other than to identify a company’s particular goods or services, they are said to offer the best level of brand protection available. Imaginative trademarks are created expressly to symbolize a company or product, thus it is exceedingly difficult for someone else to properly argue that they unintentionally violated a fanciful trademark. Famous instances of imaginative trademarks include as follows.
  1. KODAK® was founded exclusively to represent goods and services related to photography.
  2. EXXON® was created specifically as the brand name for fuel and oil.
  3. PEPSI®: Intended only as a brand name for soft drink goods.
  4. CLOROX®: A distinctive product designed to symbolize cleaning supplies and bleach.

Fantasmic marks are the most unique kind of trademark, providing the maximum degree of inherent legal protection, since they are meaningless outside designating a certain brand.

• Arbitrary trademarks: Arbitrary trademarks are the next strongest form of inherent protection possible, after whimsical marks. Real words that aren’t logically related to or associated with the company’s goods or services make up arbitrary trademarks. Arbitrary marks are considered intrinsically distinctive since buyers would not generally connect these terms with the branded goods. Several well-known instances include.

1. 1. VIRGIN® is an ill-defined name that refers to mobile phone services.
   2. SHELL® is a generic term specifically used to refer to gasoline.
   3. COACH® is a brand of high-end handbags that is unrelated.
   4. SUN® is an arbitrary term used by a manufacturer of computers.
   5. LOTUS® is an illogical moniker for a software provider.
   6. CAMEL® is an unusual brand for tobacco goods.
   7. APPLE®: An unusual moniker for computers derived from a common fruit.

Such arbitrary word marks are also regarded as very uniquely registration of trademarks that have significant inherent legal protection because they are not inherently associated with the branded products.

• Trademarks that are suggested: Because of their indirect, subtle connection to the related goods and services, suggested marks are also considered intrinsically distinctive, in addition to whimsical and random trademarks. Customers must use their imagination to associate the concept with the goods that are branded when using suggestive marks. Several well-known instances of suggestive trademarks are as follows:

1. 1. KITCHENAID®: Indicates the value of kitchen-related tools.
   2. CITIBANK® – Offers city-specific financial services.
   3. NETFLIX®: Recommends online movie streaming services.
   4. MICROSOFT® – Offers microcomputer software suggestions.
   5. AIRBUS® – Indicates aircraft for air transport services.

Given their indirect connection to the products or services, suggestive trademarks are nonetheless eligible for inherent uniqueness and strong legal protection, even though they are not as strong as whimsical or arbitrary marks.

• Descriptive trademarks: Trademarks that are descriptive in nature provide a clear explanation of a particular aspect, feature, function, component, or intention of the related goods or services. Descriptive trademarks are viewed as being less distinctive and more difficult to protect because they only describe, as opposed to identifying specific sources. Well-known descriptive mark examples include the following:
  1. Coca-Cola® is a brand name derived from coca leaf components.
  2. AMERICAN AIRLINES® is a trademark of an airline based in the United States.
  3. Digital tech goods from the western United States are described by WESTERN DIGITAL®.
  4. The term “POWER COMPUTING®” refers to strong computing capabilities.
  5. INTERNATIONAL BUSINESS MACHINES® – Describes business computers that are used internationally.

These marks have become recognizable over time due to their extensive use in advertising and commerce, even if they contain descriptive terms. Through developed uniqueness and the necessary legal procedures, descriptive terms can gain trademark protection.

• Trademarks that are generic: Since generic terms only designate a broad category, type, or class of goods or services, they are among the most weak and least protectable trademarks. Because they function as the common term for the product itself rather than designating a specific supplier, they are regarded as generic. Generic, unprotectable mark examples include:

• Burgers.

• Shorts.

• Office equipment.

• Computers.

• Mobile phones.

It would be unjust to prevent other companies from referring to or describing their own competitive generic products if a particular company was granted sole usage rights to generic terminology such as these. Generic terms cannot therefore be registered as trademarks in any way.

If a trademark’s popularity results in extensive generic use, it may eventually turn into a generic phrase. Trademark protection is lost as a result of this “genericide” event. Aspirin, escalators, trampolines, and linoleum are a few examples.

 

In India, the cost of logo registration.

Governmental fees and professional fees make up the two categories of trademark registration costs in India. The distinction between the two lies in the fact that the government fees are uniform throughout the nation, while professional costs are subject to individual variation. If the client does not have a government MSME, the government’s fees for registration of trademarks is ₹9,000 per class for the firm. If a client has a government MSME, the government charges ₹4,500 based on each class for trademark registration.

A person who is deeply committed to their company should understand how crucial it is to safeguard it since they have spent a lot of time and energy creating it. They must be aware of the dangers and challenges they would face if they don’t. The majority of business owners use trademark registration as a form of brand protection. You have to use the leverage of your trademark registration if something goes wrong, such someone trying to use your company name or design as a trademark.