A trademark assists to increase the trust of clients in your brand and is an important asset to any company
Using a trademark logo and name for your company or business is the first step of your proactive method for staying ahead of the competition. Industry specialists also declare that consumers are also influenced by business trademark names and logos. Company name and company logo are different for each enterprise that is professionally registered under the Companies Act 1956 and is obtained from competitors under the Trademark Act, 1999. Let’s see how to trademark a logo.
A trademark assists to increase the trust of clients in your brand and is an important asset to the company. It supports the company to grow. Let’s take a step ahead and give you simple steps that you must follow to apply for a trademark.
Why Is Trademarking a Logo Important?
There are many advantages to registering your logo for a trademark. There is no requirement to register your logo as a trademark, but there are advantages to doing so.
Registering your logo as a trademark provides you with the priority or preference to use that mark. If the logo has no trademark, you can use it in your geographic area. Without registration, someone in a nearby area can use a similar or even a specific logo, and it’s unlikely there’s anything you can do to stop them, even if you used the logo first. Someone else practising your logo can reduce the value of your brand and your outcomes. If your logo has a trademark, you’re able to stop someone else from utilising it.
When your logo is registered with a logo, you have the power to sue anyone who uses the logo without permission. In some instances, simply having the logo with a trademark can be sufficient to win the court case. In some instances, it’s even likely to bring criminal charges against someone for inappropriate use of a trademarked logo.
If you take someone to court for trademark violation or infringement, having a trademark further allows you to collect money for damages.
Import of foreign goods
A registered trademark additionally allows you to prevent the import of foreign goods that would infringe upon your trademark. Additionally, this advantage also supports preventing your brand from diminishing.
Once your logo or company name is trademarked, you’re able to file your trademark in other countries. Moreover, this makes it possible to increase your market and sell your product in foreign markets.
How Much Does It Cost?
The value of registering a logo for a trademark can vary internationally. There are two main costs:
- Trademark application
- Attorney fees
The official fee charged by the Indian trademark office is Rs. 4500 (startups, individuals, and small and medium enterprises – SME’s) and Rs. 9000 (for others) per mark per class.
Decide on your unique brand style or name and logo. A simple word in the English dictionary that represents your service or product cannot trademark your company name. Further, the trademark should be unique and distinctive for your business.
How to Trademark a Logo
Conduct an online search
Trademark infringement, even if done accidentally, can lead to serious legal necessities. Hence, it is very important to manage an online search to make sure that the trademark name and logo of your company or business has not been done elsewhere.
The trademarks registrations in India are regulated by the Indian Controller General Of Patent Designs and Trademarks. Visit their website to get an online trademark search information and database. You can manage the search by yourself or even attempt professional help. There is a list of lawyers or attorneys who work in Indian trademark and patent law, readily available online. Moreover, on the trademark search page, you want to provide:
- The trademark name you shortlisted
- Class of trademark (there are a total of 45 distinct classes to choose from.)
Fill in the trademark application
The application form expects you to offer the following documentation:
- Identity proof of the directors (if there are many owners) simultaneously with address proof
- A summary of your goods or services in not more than 500 words
- A regular 9X5 cms image of your logo
Registering for the brand name registration application
Filing of the trademark filing application can be done manually or you can e-file. With the manual filing, you need to complete the trademark process by submitting the form in person at any of the five Trademark Registry Offices, particularly in Mumbai, Delhi, Chennai, and Ahmedabad. After you complete the application, the confirmation will take 15-20 days of filing.
Scrutinizing or examining your brand name registration application
The application is now scrutinized by the particular officer to guarantee the uniqueness of your brand name. Moreover, the registrar notes that the name does not clash with the current or even pending trademark name application and assures that legal formality with satisfaction.
Publication in Indian trademark journals
If you have any negotiation on the complications until this step, your trademark name and logo will be published in an Indian trademark journal.
Receiving the trademark registration certificate
If the registrar gets no objection within a particular time, your trademark name and logo will get official protection. Hence, you will finally get the certificate of registration with the allowance and seal of the Trademark Registry.