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Logo Trademark Registration in India

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Overview


Customers can form enduring impressions of a business through its logo, which is a distinctive and important asset. Owners of businesses who want to trademark a logo in order to safeguard the brand registration and its distinctive identifier(s). Although trademarking a logo is a relatively simple process, there are a few key things to keep in mind before, during, and after the trademark application filing process.

Describe a Trademark

A trademark is any term, phrase, symbol, or image that is sufficiently distinct to be registered as the distinctive brand registration of a company. Business owners can obtain legal protection against fraud, copycats, and counterfeits by trademarking their logos. If a foreign entity imports products and other businesses that provide comparable goods or services use a design that is related to the trademarked logo, they will be subject to severe fines.

How Is a Logo Trademarked?


By registering a distinctive logo with the Legal Raasta, it is possible to trademark it. We assist you in submitting your business application online, for which they are primarily permitted to file it. The filing must be made by a patent attorney.

Determine whether a Trademark Is Necessary:

Given that trademark registration is a time-consuming, expensive, and effort-intensive procedure, it is crucial to first determine whether it is necessary. A company instantly acquires common law ownership of a logo and the specific protections that come with it once it starts using it for advertising and sales, but only if it can demonstrate that it was the first company to utilize the mark. A trademark's common law protection is limited to the region in which the business is located. It makes sense to register a logo if you need to provide security across the country.

Check for Existing Trademark:

It's crucial to look up any similar trademarks already in existence before submitting an application for a logo trademark. If a logo is likely to be mistaken for one that already exists for similar products or services, the application may be refused. Logos must to always be specific to the company and cannot be generic. Use the Indian General Controller of Patents Designs and Trademarks' official website to look up trademarked logos that are currently in use. On behalf of a business owner, legal Raasta professionals or specialized service providers carry out this search. Attorneys are taught specific methods to conduct a more exhaustive search before to filing an application. This could be quite helpful when using graphic marks.

Obtain the application ready:

Potentially challenging and time-consuming is the application process. Applications might be completely rejected for minor mistakes, and payments are non-refundable, thus it's critical to double check everything before submitting. A granted patent and trademark lawyer could be able to offer some process direction. Even if someone is new to this process, our professionals will have the ability able to clarify the specifics of logo registration in terms that are more widely understood. In the long run, this will save time and effort—especially if there are any unforeseen issues.

Get ready with the following details for the application procedure:
  • The entity's name, address, and personal information that it is submitting with. This could be a company or an individual.
  • The good or service that the logo will stand for, as well as the category of goods or services that you are registering the trademark for.
  • A JPG picture file with the finished logo or design. If your logo has color, you must additionally specify the colors it uses and in what context.
  • A "specimen" file in JPG or PDF format that provides an example for how the logo is displayed on the actual good or service. Those that plan to use logos for services in the future will need to present this documentation.
  • The appropriate funds. Don't forget to take into consideration the finalized logo. Which will it be: black and white or color? Even if a lot of logos are colored and used in marketing materials or products, registering a trademark in color limits the logo's protection to those instances. If a business owner modifies the color of the logo, they must either update the original application or submit a new one. You don't need to submit another trademark application to add or modify colors if you already have a trademark for the black and white version.

Submit the application:

Depending upon the filing option, it offers comprehensive instructions regarding how to use the online application. Once the application is filed, Trademark Status and Documents Retrieval can be used to verify the status of the application. Although it is advised to monitor the status between five and seven days after submitting the initial application, studies suggest that if problems are discovered, the procedure could take months. The government trademark attorney and a serial number are assigned to the filing upon receipt. To verify sure there aren't any current logos for comparable products or services that resemble the applicant, an examining attorney will go over the papers and perform a clearance check.

Criteria for Registering a Trademark Logo


The Perfect Logo's attributes.

  • Customers should be able to quickly and easily recall the company's attractive and exact logo.
  • A excellent trademark logo design needs to have all the required components, such as stunning design, words, text, sketch lines, colors, and text.
  • Any group, place, religion, or trademark that has already received registration should not have titles that conflict with the logo.
  • There shouldn't be any adulterous or commercial language in the company logo.

Required Documents for the Registration of a Trademark Logo


The applicant can advance his candidature before the of the Examiner by submitting the following documents regarding the Company Logo registering applications for trademarks logo registration online:

  • Name, nationality, address, and, if the applicant is a firm, the state of incorporation, are examples of applicant details.
  • Items or offerings for registration.
  • Trademark or logo infringement.
  • Date of the first time you used your trademark in India, if you did so before filing.
  • The applicant must sign the power of attorney on stamp paper worth Rs. 100.
  • If there are any non-English terms in the mark, they must be translated into English.

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