Compliance Requirements For Logo Registration

Logo registration is an essential process that helps a brand protect its identity, grant exclusive rights over its logo, and prevent others from using the same. Trademark includes a wide range of elements such as symbols, shapes, words, phrases, and logos, among others. When businesses register one of these unique elements with the concerned authorities, it prevents competitors from using the trademark without prior consent. It blocks the proliferation of counterfeit products while allowing the brand to sue the infringers and take other legal actions.

Compliances refer to legal obligations that a company/ individual must fulfill to obtain their logo trademark registration. Failure to comply with the norms can result in significant financial losses, legal fines, penalties, harm to brand image, and infringement suits. For instance, in logo registration, brands are required to conduct a comprehensive search to ensure that their logo is unique and not similar to any existing registered mark used by another brand. Compliances make sure that no logo is confusingly similar and generic in nature.

This comprehensive blog sheds light on the compliance requirements for logo registration and the documents needed to get the distinct mark registered.

What is Logo Registration Under Trademark?

Within the corporate sector, a logo is a crucial asset of the business. It serves as a visual representation of the brand which eventually turns into a unique selling point, driving revenue and sales of the business. A logo allows customers to quickly recognize the business and makes it stand out in this cut-throat competitive business realm.

In India, logo registration is a legal process where businesses can formally register their logo with the Registrar Office of Trade Marks, and office under the Ministry of Industry and Commerce. The Trademark Act 1999 governs the filing of logos as a trademark.

To register trademark in India, especially a logo, it is necessary to ensure that the design is unique, easily identifiable, and adheres to guidelines stipulated by the authorities. One must also make sure that the proposed logo does not infringe on any existing logo trademark as it can attract potential legal charges and penalties.

How Brand Name Registration Boosts Business Credibility? Brand name (logo) registration provides a myriad of benefits to its users, including exclusive rights to use the brand name, the right to use the R symbol, and allow brands to take legal actions where they can seek compensation for financial losses, make company surrender profits made through infringed trademark, and imposition of permanent or temporary injunctions.

What are the Compliances for Logo Trademark Registration?

To register trademark logo, it is crucial to understand the necessity of a unique and distinct logo. A unique trademark not only increases brand recognition but also prevents confusion among consumers. It helps in building a strong brand identity which is necessary to retain and attract customers. In addition, the entire process of registering the logo enables businesses to increase their brand value and goodwill while allowing the company to stop any unauthorized usage of the mark.

For logo trademark registration, applicants are required to follow a detailed legal process which includes submission of an application form either through the online portal of Intellectual Property India (IP India) or by visiting the Trademark Registry office located in several major cities such as Mumbai, Chennai, Delhi, Kolkata, and Ahmedabad. The compliances relating to logo trademark registration include the following steps:

• Trademark Search: Before applying for a Logo trademark, the applicant must conduct a trademark search to determine whether the proposed name or logo is already in use or similar to an already registered one. As a preliminary check, trademark search allows brands to make informed decisions and prevent any costly legal issues that may arise in the future.
• Filling out the Application: To register trademark, applicants are required to submit a trademark application form, also known as TM-A. For this, they must provide detailed information on the company’s name, address, proposed trademark, etc. In addition, applicants have to specify the specific class out of 45 distinct classes their goods or services fall into.
• Trademark Examination: After receiving the application form along with the requested documents, the registrar will assign qualified individuals to examine the submitted information. They will assess whether the logo meets the criteria as specified in existing guidelines. The examiner issues a report that either approves the application or lists down objections explaining why the proposed logo was not accepted.
• Trademark Publication: Once the registrar accepts the logo trademark, the mark is published in the Trademarks journal. It allows the public to oppose a logo before it is officially registered. The head office of the Trademark Registry publishes the journal on a weekly basis. It is accessible to the public for free of cost on the official platform of Intellectual Property India.
• Opposition Period: In India, the registrar of trademark opens a public window for four months which commences from the date of publishing the logo in the journal. By using the window, any person or entity can oppose the registration of a particular logo in case it negatively impacts their brand image or infringes on their mark.
• Objection and Rectification: In the logo trademark registration process, an objection is a formal challenge raised by a third party or the examiner itself. The grounds for objection can be the inability of the logo to be distinct, descriptive, or confusingly similar to the existing one. Whereas, rectification allows for correcting omissions or errors such as incorrect details, typographical errors, or misleading information.
• Registration: Once an applicant fulfills all the above-mentioned criteria, complies with the requirements of the Trademark Act, and receives no valid opposition or requires correction, it will be granted the trademark certification. The trademark will remain valid for 10 years after which they are required to submit a renewal application to continue enjoying the benefits of trademark registration.

The Role of Trademark Search in Ensuring Unique Brand Identity is extremely vital as verifies whether the proposed logo or brand name is available or not. Trademark search explores the database of the Trademark registry to identify any identical or similar logo. It helps businesses make informed decisions by eliminating the possibility of inadvertently infringing on the mark that is already in use. The search also minimizes the chances of rejection or opposition at the later stage, enabling brands to save up costs and time that would have otherwise gone into dealing with the objections and rectification.

What are the Documents Required to register a trademark Logo?

To obtain a logo trademark, any Indian national or foreign national is mandated to submit accurate and complete documents to the concerned authorities. As per the type of business organization, the following documentation are essential to apply for logo registration:

• Individual and Sole Proprietor: These entities must submit a copy of their logo in PNG or JPEG format with a size of 8*8 cm and can be provided in either black and white or colorful images. In case the applicant is appointing an attorney or trademark agency, it must fill out Form TM 48 to authorize the individual to act on their behalf. In addition, they have to submit address proof and identity proof of the individual or proprietor.
• LLP, Start-up, Partnership, and Small Enterprises: Such companies are required to provide a self-attested copy of the proposed logo, Udyog Aadhar certificate, declaration in Form 48, certificate of incorporation or partnership deed, and identity proof of the signatory. In addition, they must also submit the address proof of the signatory which can be a passport, Aadhar card, PAN card, etc.
• Companies not registered with Udyog Aadhar: For such entities, a copy of the logo is an optional condition. However, they are mandated to submit signed Form 48, identity proof and address proof of the signatory, and partnership deed or incorporation certificate of the business.

Final Thoughts

In India, to register trademark, the individual or corporation is required to adhere to the guidelines specified in the Trademarks Act, of 1999. A logo as a trademark is registered with the primary objective of distinguishing the brand from competitors and creating an easily recognizable image in the marketplace. With time, customers start linking the quality and credibility of the business with its brand image, enabling it to attract more customers and venture into newer markets.

A logo is an intellectual property of the business that the entity can assign, sell, or use commercially to generate an additional source of income. In addition, by registering the logo, brands can prevent any individual or corporation from using it without the owner’s permission. Infringement can make the offenders liable to pay both criminal and civil penalties, including fines, imprisonment, and destruction of infringed goods. Get in touch with Legal Raasta Private Limited to get any of your queries solved regarding logo registration and trademark registration procedures.