A key aspect of creating a unique brand and a successful business is registering your logo. It is the first thing that will grab the attention of people and somewhat act as the foundation of your brand entity. It becomes the aspect through which people identify your brand and is what fosters brand loyalty from the public.
When registering a logo, you are basically getting it trademarked under the provisions of the Trademarks Act, 1999 and the Trademarks Regulations, 2002.
What are Trademarks?
Trademarks refer to a symbol, logo or name that is used to identify a company and give its products and services a unique aspect, which rightfully solely belongs to them. It is something used by manufacturers and service providers to differentiate their products and services from other brands/companies that offer similar products/services.
What are the Benefits of Logo Registration in India?
- Legal Protection: Once a trademarked is registered, it is considered an ‘intellectual property’, and protected against infringement under the legal provisions of the Trademarks Act.
- Product Differentiation: Considering the unique nature of a logo, it helps differentiate a company’s products/services from similar products/services offered by others. It also helps build brand recognition.
- Helps Build Goodwill for Product/Service: Registering a unique logo for a company helps build goodwill for its products/services while also boosting brand reputation in the market.
- Exclusive Ownership: Owners of trademarked logos enjoy certain exclusive rights for a period of 10 years. Besides, this ownership can be renewed by simply paying a specific fee.
What are the Documents Required for Logo Registration in India?
In the case of Sole Proprietorship/Individual:
- A copy of the logo.
- Self-attested Form-48.
- ID proof of the individual/proprietor.
- Address proof of the individual/proprietor.
In the case of Partnership/Limited Liability Partnership/Start-Up/Small Enterprises:
- Self-attested copy of the logo.
- Self-attested Form-48.
- Udyog Aadhaar Registration Certificate.
- Certificate of Incorporation/Partnership Deed.
- ID Proof of Signatory.
- Address Proof of Signatory.
In the case of other applicants (includes companies not registered with Udyog Aadhaar):
- A copy of the logo.
- Self-attested Form-48.
- Certificate of Incorporation/Partnership Deed.
- ID Proof of Signatory.
- Address Proof of Signatory.
Logo Registration Process in India
Here is the complete process for registering a logo in India:
Register the Trademark on the Trademark Registry’s Website
Login to your account on the Trademark Registry’s Official website -
https://ipindia.gov.in/.
Trademark Review
Before starting off with getting your logo trademarked, you must perform a trademark search to ensure that the company name or emblem is not similar to any other trademark.
Filing the Trademark Application
Once you confirm that your company name/emblem does not infringe upon any trademark, you must file a brand name registration application to the apt trademark registry office that has jurisdiction in your State.
| Note: There are a total of five trademarks registry offices in India with jurisdiction over different states. These are in Delhi, Kolkata, Ahmedabad, Chennai, and Mumbai. |
The application must be accompanied by all the relevant documents at the time of submission along with the fee required for trademark registration.
Trademark Application Review
Proficient examiners shall review your trademark application to ensure that it fits the requirements of trademark registration. If it complies with all regulations, it shall be made public by being published in the trademark journal. If not, it may be rejected on absolute or relative grounds, like:
- Lack of a distinctive character,
- Usage of any symbol used in trade,
- Have a deceiving nature, etc.
If rejected, a report of examination shall be issued. The Trademark Registry shall establish a deadline before which you will be expected to resolve all the issues with the trademark application.
Show Cause Hearing
If the response to the examination report is not apt as per the authorities, you (in person, with a representative or an attorney) may have to appear for a Trademark hearing. The notice for the same shall be posted on the official website as well as sent to the address mentioned in the application.
Publication of Logo in Trademark Journal
- Before being published in the Trademarks Journal, your trademark shall be reviewed.
- It shall remain in a four-month frozen period, during which any individual or entity that wishes to raise an objection may do so.
- The Registry shall hold a hearing if any third-party files an objection to allow the parties to ensure they have enough evidence to support their claims.
The Registrar shall make a decision in favor of either side based upon the facts and documents reviewed by them as part of the case.
Trademark Registration & Certification
If the Trademark Registry does not receive any objections within the set time period, your logo shall be legally registered. The Trademark Registry will give you a ‘Certificate of Registration’ with its seal on it to acknowledge the registration of your trademark as well.
Conclusion
A business cannot be successful if its potential customers fail to differentiate its products/services from those of its competitors. As such, it is imperative for businesses to create a unique identity for themselves that shall act as the identifier for all their products/services. This need is fulfilled by a logo – a simple visual symbol that becomes the face of your brand. Considering how important a logo is for any business, you must ensure to comply with all relevant legal provisions and duly fulfill all the requirements of the trademark registration process.
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