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Trademarks

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. 

Once you have designed a distinctive logo, you may want to think about trademarking it. The following are some of the steps that are commonly taken in trademarking a logo.

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 authorization form
  • Soft copy of the mark, logo, colour combination for individuals
  • 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.

Before you begin the registration process, you can use Vakilsearch’s free trademark search tool to verify whether the trademark you want is available.

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 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.

Who Owns the Logos Trademark?

Logo trademarks are owned by the individuals or entities who use them for their business or services. If you’ve designed a logo that distinguishes your brand, you’re the rightful owner. The logo doesn’t need to be intricate; even a simple design can pack a powerful punch.

Why Is Trademarking a Logo Important?

Trademarking your logo ensures exclusivity. It prevents others from using a similar logo and shields your brand’s reputation. Imagine if another entity starts using a logo similar to yours—it could confuse customers, dilute your identity, and harm your business. Trademarking your logo provides a solid legal foundation to safeguard your brand’s uniqueness.

How Much Does It Cost?

The cost of trademarking a logo varies based on factors like location, legal assistance, and the complexity of the process. While some opt for DIY routes, professional help ensures accuracy and peace of mind. At Vakilsearch, our experts tailor solutions to fit your budget, providing affordable trademark registration options.

How Long Will the Trademark Application Process Take?

The duration of the trademark application process can vary. Typically, it takes around 18 to 24 months for a logo trademark to be registered. It involves several steps, including application filing, examination, publication, opposition (if any), and final registration. The process might be longer if any objections arise.

Levels of Trademark Protection

Trademark protection offers different levels of coverage:

– Local Protection: A registered trademark is protected within the country of registration.

– Regional Protection: Organizations like the European Union Intellectual Property Office (EUIPO) offer trademark protection across member countries.

– International Protection: The Madrid System allows for trademark protection in multiple countries using a single application.

Do I Need a Trademark or Copyright?

Trademarks and copyrights serve distinct purposes. Trademarks protect your brand’s identity, preventing others from using a similar logo for similar goods/services. Copyrights, on the other hand, protect original creative works like literary, artistic, or musical creations. If your logo embodies your brand’s identity, a trademark is more suitable.

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.

FAQs

How Do I Create a Trademark Logo?

Creating a trademark logo involves crafting a unique design that represents your brand. It should be distinctive, memorable, and relevant to your business. Seek professional design services from Vakilsearch for the best results.

How Can I Register My Logo for Free?

Free logo registration isn't recommended as it might lack legal protection. While government fees are involved, investing in professional assistance ensures a smooth process and comprehensive protection.

What Is the Cheapest Way to Trademark a Logo?

The cheapest way to trademark a logo involves filing the application yourself. However, this approach carries risks of errors and delays. Opting for professional help ensures accuracy and a higher likelihood of successful registration.

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