What is a logo?
A logo is a graphic mark, images, texts, shapes, symbols, or a combination of these used to depict name, purpose, and to promote public identification and recognition. It helps in establishing an emotional connection with your audience, promotes brand loyalty, gives the audience a symbol that they can remember, helps to create a brand identity, helps you to differentiate from other competitors and it also supports you to make a first impression which helps to gain customer interaction with the brand.
Logo design registration:
Trademarking is the process of logo registration done by the Office of the Controller General of Patents, Designs and Trademark or the Trademark Registry Office to establish that the logo belongs to a specific business. Once the logo is registered, legally it cannot be used by any other entity.
Eligibility:
Anyone who owns a business that uses a logo or is going to use a logo can apply for logo registration online or offline. The application for logo registration can be filed online on the website of the Office of the Controller General of Patents, Designs, and TradeMarks, or a paper application that can be made, either in person or through, the Trademark Registry Office.
Process for logo registration:
You have to follow certain steps to get your logo registered with the Office of the Controller General of Patents, Designs, and TradeMarks, the steps are as follows:
Step 1: Logo Search
The applicant should search to make sure that the logo to be registered is unique and original, and does not resemble the design of an existing logo. If a similarity is found then the logo will need to be reworked or redesigned.
Step 2: Fill the Application Form
After ensuring the uniqueness of the logo, the applicant can fill out form TM-A, either online or in paper form. The information to fill in the form are as follows:
- Nature of the application.
- Mentioned the applicant status whether filled as an individual, start-up, small enterprise, or others.
- Information about the applicant (name, legal business address, phone number, e-mail address, and nature of the applicant).
- Fill the particulars about the applicant’s agent, if any.
- Trademark Information – a category of the mark and description of the mark. The applicant has to attach an 8 * 8 cm, high-quality image of the logo.
- You need to provide the class and description of the goods or services.
- A statement as to the use of the mark. You need to provide an affidavit and supporting documents.
The application form should be filled in the language English or Hindi.
The required documents must be digitally or physically attached to the application form, and the applicant must pay logo registration fees through cash, credit card, debit card, cheque, or DD (demand draft). For individuals, start-ups, and small enterprises, the fees for physical filing areRs. 5000 and for e-filing the price is Rs. 4500.
After submitting the relevant form and documents, now you can start using the Trademark symbol(“™”) mark with their logo which indicates that the logo is for a trademark.
Step 3: Receive an Application Number
The applicant will receive a receipt after submission, a representation sheet copy, and an application number. The application number can be entered on the website of the Office of the Controller General of Patents, Designs, and TradeMarks to track the status of the trademark application.
Step 4: Trademark Application Examination
The Trademarks Examiner at the Trade Mark Registry Office checks the application, and if it is in the order and is compliant with the rules, it will be approved and accepted after the examination is conducted.
Step 5: Advertising the Trademark logo in the Trademark Journal
After the trademark application is approved, the logo will be advertised in the trademark journal so that the public at large can view it. If anyone has any opposition or prior claims to the advertised logo, they have to file an objection with the Trademark Registry Office within four months of the logo’s publication.
Step 6: Receive the Certificate of Logo Trademark Registration
After 10 to 15 months from filing the TM logo application, if they found everything ok without any error or opposition, the Trademark Office will issue a logo Trademark registration certificate to the applicant. They can now use the ® symbol with their logo to show that it is a trademark registered logo.
