A trademark is a visual symbol 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.
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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 the inventor want to protect it before advertising.
Steps Required for Trademarking a Logo
Step 1: Select your trademark. Pick what class your business belongs according to the Controller General of Patents and Trademarks.
There are about 45 classes of Goods 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 the 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 the 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:
- Descriptive of good indicating quality and nature of good
- It is similar to another mark
Step 8: If approved you will receive proof of registration within
Step 9: If the mark gets rejected, apply to Intellectual Property Appellate Board
Step 10: Respond to the opposition after publication.
Documents Required for Trademark Registration
- Unique Logo
- Identity proof of the 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
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.
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