How to Trademark a Logo in India

It is now widely accepted that a legal trademark is a valuable component of any operating business. It is a distinct mark that makes your brand distinguishable from those competing brands besides facilitating customers to easily identify your products or services. This entails protection of the mark in the legal realm thereby preventing others from using a similar mark that could confuse the audiences. It helps to protect your investment on building brand recognition and to ensure that third parties cannot benefit from your business endeavours. Selecting a proper trademark should thoroughly be done because it is a strategic process. The trademarks and all the aspects relating to it are founded on the Trademarks Act, 1999 in India.

Trade Marks Act in India which was enacted in 1999 also adheres to the Nice Classification system for the classification of goods as well as services. This system is used for the purposes of registration of trademarks and consists of 45 classes: 34 classes of goods and 11 classes of services.          

Logo

The identity is another significant aspect that any business, which is interested in building a strong and long-term image, should definitely value. Your logo is your company’s face and it communicates your ethos, tone and unique selling point within the shortest time possible. Ideally, a logo must be simple in design yet unique and identifiable by customers or clients the moment it is seen. It means and needs to be consistent on all the platforms and touchpoints where your brand might be encountered by the customer, including your website, brochures and flyers, your products’ packaging and labels, and the signs outside your store’s door. An effectively designed logo is one which can distinguish your business amongst your competitors and easily be identified by your audiences. In addition to its aesthetically pleasing appeal, your logo is also a registered trademark, making it possible for you to prevent cases of imitation by other people while also making sure that you have the sole right to the use it. To sum it up getting a custom designed logo is one of the wisest decisions you can make as a business owner and one that is likely to reap huge benefits for the company in future.

Why must a logo be trademarked?

It is important that you register a logo because that would mean that no one else would be allowed to use your logo without your permission. Registering a trademark enables the owner exclusive use of logo when filing it with the products or the services they offer to the public to enhance on branding and avoiding confusion. If you do not protect your logo design through trademark, then your branding can be easily copied; hence the worth of your brand is decreased, and your revenues are decreased.

Procedure for Trademark registration of a logo in India

(Section 18 to Section 23 of Trademarks Act 1999)

1. Trademark Search

It is advisable to make a search to avoid future complications regarding your logo to become similar to existing trademarks. In order to search for the existing trademarks, you can visit the Indian Trademark Office that has an online search facility.

2. Determine the Class

Determine the nice class or classes under which you would like to register your logo. Trademarks in India are also divided into groups depending on the type.

3. Prepare the Application

Major documents for registration should be kept.Such as:

This means that the logo can be easily distinguished and is represented with a lot of clarity.

Applicant name and address as well as applicant nationality.

The tenderers would have to describe the goods or services that are related to the logo etc.

4. File the Application

File your application to the Registrar of Trademarks in the Indian Trademark Office. You can file the application online through the official website http://ipindiaonline.gov.in   or in person at the Trademark Registry offices in India.

5. Pay the Filing Fee

Complete payment of any filing fee that may be required depending on the type of invention. More classes attract this fee and the structure of the fee also takes into account the type of application whether it is for an individual, startup, small enterprise among others.

6. Examination of the Application

Your application can then be reviewed by the Registrar where all legalities concerning the application will be checked as well as checking if the application has any similarities or conflicts with existing trademarks. This also involves verifying the peculiarities of the logo and excluding the existence of typical and easily recognizable signs.

7. Publication in the Trademark journal

After the application is accepted by the Registrar, the Journal of Trademarks is issued and the application is included in it. This publication enables a third party to stand against the registration of the trademark if they feel it is invading on their rights.

8. Answer Oppositions (if any)

If there are oppositions, you will need to also address them. It may also mean offering reasons as to why one wants the grant and other relevant information about the application. If no oppositions against the trademark is filed within four months from its publication or if all filed oppositions are addressed, then the mark shall be registered.

9. Registration

After the opposition period has elapsed and oppositions are determined by the Trademark Office and examined, the Trademark Office issues a Certificate of Registration. Congratulations for your logo as it is registered trademark in India.

10. Maintain the Trademark

Registration, however, still must be followed by the paperwork for the renewal of the trademark. The initial registration is for a period of 10 years and can be renewed subsequently in perpetuity within the 10-year period. It is therefore important to apply for the renewal early enough to avoid having a blind spot in protection.

What categories of Trademarks cannot be registered

Section 9 of the Trade Marks Act, 1999, enacted in India also contains number of conditions in accordance of which any mark cannot be registered. The following grounds are mainly associated with the nature of a mark, the ability of a mark to create confusion, and overlap of rights. Below are the key categories of trademarks that cannot be registered:1. 

Absolute Grounds for Refusal

Under Section 9 of the Trade Marks Act, 1999, trademarks that fall into the following categories are prohibited from registration:

• Devoid of Distinctive Character:

Characters which are confused and are unable to differentiate one persons’ goods and services from the other.

• Descriptive Marks: 

Marks that consist exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin, or the time of production of the goods.

• Customary Marks: 

Marks that consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade.

• Marks Likely to Deceive or Cause Confusion: 

Marks that are likely to deceive the public or cause confusion.

• Scandalous or Obscene Matter: 

Marks that contain or comprise any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India.

• Prohibited Emblems and Names:

 Marks that contain or comprise any scandalous or obscene matter or any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India. Also included are marks that contain or comprise any matter the use of which would be contrary to any law for the time being in force.

 Relative Grounds for Refusal

Under Section 11 of the Trade Marks Act, 1999, trademarks that conflict with existing marks or rights are prohibited from registration:

• Identical or Similar to an Existing Trademark:

Same as with the above categories, a trademark that is identical to an earlier trademark and the goods or services associated with such earlier trademark are identical to the ones associated with the proposed trademark, which creates likelihood of confusion among the public.

• Well-Known Trademarks:

 Marks that are identical with or similar to an earlier well-known trademark, even if the goods or services are not similar, provided the use of the proposed mark would take unfair advantage of or be detrimental to the distinctive character or repute of the well-known trademark.

• Identity with a Prior Registered Trademark: 

Marks that are identical with an earlier trademark for identical goods or services.

• Conflict with Prior Rights: 

Marks that are likely to cause confusion with a prior mark or involve passing off.

 Other Prohibited Categories

 The last category of trademarks that will get refused for registration are 

•   Use of National Emblems:

 If any trademark uses any nation’s emblem, flag etc then it will refused from getting registration.

• Names of Chemical Elements or Compounds: 

Trademarks using name of chemical elements or compounds exclusively.