Introduction: Trademark Law

The trademark is considered to be a mark that helps in making a distinction between the goods and services of one person from that of another, it can be represented graphically and it can be any symbol which may be a word, combination of colors or label, etc. Trademark ensures to safeguard the exclusive interests of its owner and prevents any unauthorized use. It helps in creating goodwill and confidence among the consumers and also ensures reliability. 

Read Our Blog: How to Apply For Trademark in India

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Types and Examples of trademarks

The types of trademarks are as follows:

The above logo is an example of a combination mark that is a combination of colors and words.

Trademark registration of the company logo

As per the Trademarks Act, of 1999, the following provisions are laid down

Every person seeking to be the owner of a trademark that he uses or intends to use and who wishes to get it registered must submit an application in writing to the Registrar in the specified manner. A single application can be submitted for trademark registration for various classes of goods along with the payable fees. The application needs to be filed in the Trade Marks Registry office that lies within the territorial limits of the place of business of the applicant. The registration can be refused at the instance of the Registrar, and in such event of refusal, the grounds on the basis of which the registration has been refused shall be recorded in writing by the Registrar.
Read Our Blog: What is Trademark Registration?

The acceptance of the application can also be withdrawn at the instance of the registrar, where he is satisfied that an error was made while accepting the application or the registration of a trademark should not be done.

After acceptance, the said application shall be advertised by the registrar, provided that within 4 months of such advertisement, a notice in writing can be issued by any person to the registrar, who is opposed to such registration. A counter-statement needs to be served by the applicant on the registrar explaining his grounds failing which the application would stand abandoned.

The trademark after due process of verification would be registered by the registrar within 18 months from the date of which the application has been filed. In pursuance of the registration, a registration certificate shall be issued to the applicant having a seal of trademark registry.

• Trademark registration in India procedure simplified

1. Firstly, choose an authorized trademark consultant, Advocate, or constituted attorney.
2. The authorized consultant would draft the trademark application as per the client’s requirement. Make sure you have a unique trademark that is not similar to the existing ones.
3. After due verification, the trademark would be registered in the nearest trademarks office by the registrar.

Registering company logo: apply for a trademark

In the application for registering the company logo, the applicant must first select the trademark category.

The requisite certificate must be provided in case the applicant is a startup or small enterprise along with the fees which amounts to Rs 5,000 for physical filing and Rs 4,500 in case of E filing. In all other cases, the fees to be paid in case of physical filing is Rs 10,000 and in the case for E filing, it is 9,000. 

Thereafter the following details must be specified with respect to the consultant of the applicant, like, 

Now, select the category of trademark and mention about description of the trademark.

If the language of the mark is other than Hindi or English then the applicant must specify the following:

• Language
• Transliteration of the mark in Roman script
• Translation of the mark in English

Also, the applicant must mention his/her personal details and verify at the end that the mentioned facts are true and correct.

Trademark registration in India: cost structure

Identify a company logo registration: Required documents

1. Details of the applicant including personal details as mentioned above
2. In case you have used the logo prior to applying, then you must mention the date you first used it in India.
3. The applicant must sign the verification and power of attorney.

Read Our Blog: How to Trademark a Logo

Trademark registration: Rights

The trademark that is registered under the Trademarks Act shall enable its holder to enjoy the exclusive rights associated with the trademark and also in case of trademark infringement, its holder would be entitled to obtain relief. 

Trademark infringement

Trademark infringement takes place when there is any violation of the exclusive right of the holder by virtue of trademark registration. The infringement can occur when a person makes use of a similar mark or uses the registered trademark without the prior permission of the holder.

The trademark in respect of goods and services would stand infringed in an event where a person other than the proprietor of the registered trademark makes use of an identical or deceptively similar mark with that of the registered mark that causes confusion on the public’s part. 

Also, the trademark is infringed when it is advertised by any other person in a manner that hampers its reputation and is detrimental to its distinctive character. Therefore no use of the trademark must be made without permission of its holder.

For alteration of the trademark that is registered, the holder of the trademark needs to apply in a specified manner to the registrar. The registrar holds the sole discretion to either refuse or grant the alteration in the trademark.

Conclusion

In order to register the company logo, which is a trademark, one must apply to the nearest trademark office and get it done through authorized consultants. Make sure the trademark you choose must be unique in itself.