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How to Trademark a Logo

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A trademark is a visual symbols that is used by a business to protect the Intellectual Property from infringement. These may be a word, label, numeral, device etc. The company's logo is the representative of a brand.

Eligibility and Requirement for Trademark

Any person, whether an Indian citizen or and Foreign national, can apply for the registration of their trademark logo if inventor want to protects it before advertising.

Steps Required for Trademarking a Logo

Step 1: Select your trademark. Pick what class your business belongs according to Controller General of Patents and Trademarks.

There are about 45 classes of Good and Services under Trademark Law.

Step 2: Confirm that the mark is a UNIQUE one. Do a thorough trademark search to confirm that it is unique.

Step 3: Fill up application form which will determine if the logo is already available in the market (Hire a lawyer if the application gets rejected)

Step 4: Compile documents

Step 5: Submit application and pay

Step 6: Check file in progress

Step 7: Address objections within a month if the examiner objects. The application can be rejected due to two reasons when the Trademark Logo is:

  1. Descriptive of good indicating quality and nature of good
  2. It is similar to another mark

Step 8: If approved you will receive a proof of registration within     

Step 9: If the mark gets rejected, apply to Intellectual Property Appellate Board

Step 10: Respond to opposition after publication.

Documents Required for Trademark Registration

  • Unique Logo
  • Identity proof of applicant
  • Copy of PAN
  • Address proof
  • Incorporation certificate, if the company is a LLP

Need for Trademarking Logo

  • An R symbol is used next to the mark
  • It is valid for 10 years and can be renewed further after applying before the date of expiry.
  • You have the right to sue anyone who have infringed your trademark and can even get money for damages.

You can stop the import of any brand that can infringe upon your trademark

BOOK A FREE CONSULTATION

Get help from an experienced legal adviser. Schedule your consultation at a time that works for you and it's absolutely FREE.

Author
Vinay Singh
Vinay Thakur is Managing Partner in Corpseed. He focused on payments, digital transformation, and financial technology for over 15 years and holds strong expertise on fintech startups, banking innovation, and investors with a keen understanding of the trends and activities of startups, banks, and investors in the space.