Intellectual PropertyTrademarks

How to Trademark a Logo

The process of trademarking a logo is usually governed by the Trademark Act, 1999 read with the trademark rules framed by the government from time to time. It is essential for creating and establishing a distinctive identity of your company or brand in the market . However it is often a very technical process and best advisable to be handled by hired attorneys or trademark agents. 

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Documents Required for Logo Trademark

For Individual:

  • Logo/mark information sheet
  • Power of attorney or Authorization form
  • Soft copy of the mark, logo or colour combination which is sought to be registered.

For Company:

  • Board resolution
  • Trademark information sheet
  • Power of attorney or authorisation form
  • Soft copy of the mark, logo, colour combination for individuals
  • Logo/mark information sheet
  • Power of attorney or authorisation form
  • Soft copy of the mark, logo, or colour combination which is sought to be registered.

TRADEMARK A LOGO

Step-I: Visual Trademark Search

The preliminary step of trademark registration is conducting research about the visual mark which you have selected for your business. Trademark Image Search is performed to check the visual similarity of the mark for logo trademark registration.

Step-II: TM Form filling

Once the trademark availability is checked, the trademark application is filed with form TM-A. After filling the form with required fees and documents, the proprietor can use the mark ™ with their logo or mark.

Step-III: Allotment of Application Number

Once the application for a trademark is submitted to the registrar, an application number is generated which helps the applicant to track the status of the mark online.

Step-IV: Examination of Application

The examiner of the trademark examines the trademark application. The examiner checks whether the mark filed by the applicant is in accordance with the trademark act or not. The registrar of the trademark can reject or accept the trademark application based on the application and availability of the mark.

Step-VI: Reply to the Examination Report

The trademark office generates an examination report after 3 months. The time period depends on the backlog in the office. Once the examination report is generated, you need to file a reply within 30 days. If the trademark registration office doesn’t receive a response within the prescribed time, the trademark application will be considered abandoned.

Step-VII: Advertisement of Trademark Journal

If the registrar raises no objection, the trademark or logo gets advertised in the trademark journal. The advertisement is made to invite the public to oppose the mark.

Step- VIII: Opposition

Opposition in a trademark application is raised by any third party after the mark is published in the trademark journal. The third party is provided a 90-day time period to raise opposition from the date of publication.

Step-IX: Certificate of Registration

Trademark registration generally takes about 10 to 15 months. Once when all the objections and opposition raised by the registrar or any third party are satisfied the trademark registry provides the certificate of registration. The registration document offers exclusive rights for the owner of the logo to use it commercially.

How to Use Trademark Symbols with your Logo

Using a trademark symbol signifies the claim of ownership over the trademark. Moreover, the registered trademark symbol can only be used by the businesses or the owner of the logo when they have filed a trademark application or once they get a trademark registration certificate from the registrar of the trademark.

A trademark that is registered is presented with the symbol ®, and the trademark which is under the process of registration is advised to use mark ™

Conclusion

Trade Mark Act governs trademark registration in India, 1999. The process of trademark registration is set up and done by the trademark registry office. Further, a registered logo is protected as long as the trademark application is renewed with the prescribed fee after 10 years.

Why Vakilsearch?

  • Using specific tools and technology, our professionals can conduct a complete trademark search across their database.
  • Assist you with class selection as well as documentation.
  • Complete and submit an accurate application, and keep you informed of all checkpoints.
  • Prepare solid replies to objections and oppositions to aid in the acceptance of your application.

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