Decoding Logo Registration in India: Do You Need It and How to Get Start

A logo trademark registration: what is it according to Legal Raasta? The trademark is a unique term, symbol, or logo that serves to identify and set one product or service apart from that of rivals. It is an important tool for company since it fosters consumer confidence and brand awareness. Companies can obtain only the right to use their logo in commerce by registering their trademark, which offers legal protection against unauthorized use by third parties. A logo that serves as the public face of your business needs to be legally protected.

A logo is more than simply a sign; it represents your brand's identity and draws customers in by making it stand out from the competition. Consequently, a logo needs to be trademarked and copyrighted. You might be thinking what benefits may Legal Raasta derive from a trademark logo? For instance, only KFC is permitted to use the slogan "It's finger-licking good" for their business because they have registered the trademark for both the tagline and the trademark emblem. It is necessary to register a registered trademark in India in order to trademark a logo.

Who Grants Logo/Trademark Registration: The Dept. of Promotion of Industry & Internal Trade, Office of the General Controller of Patents, Designs & Trademarks, Ministry of Commerce & Industry, Government of India, is responsible for issuing trademark registrations. Legal Raasta provides services in all states of India, one each in Delhi, Hyderabad, Mumbai, Kolkata, Chennai, Chandigarh and various more.

Who is Able to Register a Logo or Trademark? A trademark may be registered by a person, company, partnership firm, NGO, or proprietorship business, among other business entities. You can register your brand name with the offices of the Registrar of Trademark in India if you wish to protect your product's name, logo, symbol, word, name, and business domain name, among other things. In India, one can register a trademark online. Legal Raasta is the right team to work with if you want to register your company logos, slogans, brands, as well product names. You may get started using (TM) in less than a day by registering your trademark online with us for your company slogans, logos, brands, or product names.

Indian Trademark Classes.

Class 1 to 34 are the trademark classes for goods - Your company is classified as belonging to class 1 through class 34 if it manufactures, trades, or supplies items.

Services trademark classes (these are from class 35 to 45) - Your business is classified as belonging to classes 35 to 45 if it provides services.

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Significance of Having a Trademarked Logo -

Your company's visual identity, which builds trust, is through a well-designed logo registration in India. These are the justifications for trademarking logo design.

  • Putting in Place Brand Protection - The trademark design of your logo is granted legal rights when it is registered. This stops rivals from employing logos that are too similar to confuse consumers, which could result in lost sales and diluted brand recognition.
  • Creating Credibility and Trust - A logo establishes the validity of your company and fosters consumer trust. They view your brand as well-known and trustworthy, which promotes recurring purchases and favorable word-of-mouth referrals.
  • Keeping Up a Competitive Advantage - By safeguarding your logo, rivals are unable to profit from your established brand.
  • Enabling Worldwide Growth - In the event that you plan to take your firm global, a trademark design guarantees protections in new markets. By doing this, you can increase brand awareness throughout the world and stave off possible infringement by businesses doing business elsewhere.
  • Strengthening the Law Enforcement - A trademark gives you the right to sue someone who uses the logo without permission. This gives you the ability to defend your rights to intellectual property and pursue damages from infringers.

Documents Needed to Register a Trademark or Logo -

For Individual Cases -

  • Aadhar.
  • PAN.
  • A specimen-based user affidavit.
  • Form-48 Power of Attorney.
  • Logo, term, name, tagline, brand, or product brand name.
  • Mobile number and email address.

If it's not an Individual Instance -

  • PAN of the company.
  • The incorporation certificate.
  • Bylaws, Partnership Deed, AOA, and MOA.
  • A certification from the MSME/Startup India Program.
  • A specimen-format user affidavit.
  • Form-48 Power of Attorney.
  • Logo, term, name, tagline, brand, or product brand name.
  • Mobile number and email address.

Also Read This - Types of Startup Registration in India

How Does a Logo get Copyright in India?

These are the procedures for copyrighting a logo.

Writing a application is to follow the format specified in the schedule 2 to the Act of FORM IV. The necessary paperwork must be completed and submitted to the registrar along with the necessary payments. You can complete it online at the Government of India's Copyright Office.

The application must be signed by the candidate and an advocate.

Following completion of the forms, the registrar reviews the information and assigns a diary the number to the applicants. After then, you have 30 days to voice any objections.

In the event that no objection is raised, the application will be reviewed to see if there are any discrepancies, and the registrar will move on.

The examiner will hold a hearing with both parties if there is an objection.

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If the case is resolved after the hearing, the examiner will send it for registration.

The owner of the logo may lawfully sue anyone attempting to replicate it once the mark has been registered with copyright. A different process is used to trademark a logo.

How may a Logo be Trademarked in India?

The following procedures can be followed to register a logo in India.

Selecting a distinctive name along with logo for a brand is necessary before filing for a trademark. A person's proposed product or service should be made clear by its name and logo. A trademark application requires proof of originality and uniqueness for a logo.

Form-TM A can be downloaded from the Controller General website and completed once it has been confirmed. The cost of that form, which is required to trademark a logo, is not so expensive.

Once all necessary data has been entered, the registration application for a trademark logo must be completed. It can be completed online or manually. This facilitates trademark registration in India.

The examining officer verifies that all legal requirements are met and determines whether the brand name is unique before granting a trademark for a logo.

A logo can be trademarked by publishing it with the Indian Trademark Journal. The trademark is then successfully registered if no objections are raised within 90 days of the publication of the logo.

You will receive confirmation that the trademark name and logo are formally protected after completing all the stages. After paying the renewal fee, it can be renewed on a regular basis for a further ten years.

Parmeet Chhabra, a skilled content writer and editor at LegalRaasta since 2020, with a writing journey of over 5 years, specializes in crafting informative web pages and blogs over diverse domains like education, legal laws, government licences, web development, etc.

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