A Comprehensive Guide to Trademarking a Logo in India
Brand identity protection in today’s era of competitive business culture takes top priority. Having your logo trademarked is perhaps the best way of protecting your brand. Apart from securing rights to exclusive usage of the logo on your side, it increases your brand’s image. In India, the process of registering a trademark for a logo is well defined and becoming familiar with every step can simplify things. Understanding Trademarks and Why They Are Important
Trademark is an alphabet, a phrase, or an expression which the company utilizes for the identification of other individuals’ goods or services other than their own. It represents origin, reputation, and quality. Trademark registration gives juridical protection against third-party abuse and for determining the origin of the goods or service.
How to Trademark a Logo in India
1. Perform a Trademark Search
Prior to making the registration process public, it is mandatory that your logo is distinctive and does not infringe on any trademarks. This includes:
- Search of Trademark Database: Login to the IP India e-filing portal to search for similar trademarks.
- Study of Results: Search the same or similar marks in the same class of goods or services.
A good search reduces the chances of objections at the time of registration.
2. Choose the Right Trademark Class
Indian trademarks are categorized into 45 classes, each of which is a class of goods or service. Proper choice of the proper class must be done so that you may apply for the proper sort of protection. For instance:
- Class 25: Footwear, apparel, and headwear.
- Class 9: Software, electronics, and gadgets.
Proper choice of class enables you to obtain the proper amount of protection.
3. Prepare the Application
Following search and selection of appropriate class, application preparation comes next. Application must contain:
- Applicant’s Information: His/Her name and address.
- Representation of Trademark: Clear depiction of logo.
- Goods/Services Description: Clear depiction of goods or services which the logo represents.
- Class Choice: The class of the trademark.
- Date of Initial Use: Where the trademark had otherwise already been commercially used.
Make sure all information is accurate so as not to waste time.
4. Apply for Application
There are two modes of application for trademarks:
- Online Filing: In the IP India e-filing system. Online application is faster and less expensive.
- Physical Filing: Physical hand submission of application to respective Trademark Registry office.
As of 2023, the government fee for online filing is:
- Individual/Startup/Small Enterprise: ₹4,500 per class.
- Others: ₹9,000 per class.
Other professional costs are incurred if you are engaging an advocate.
5. Examination of Applications is done
Once you apply, the application is examined by the Trademark Office to ensure if it is in compliance with statutory requirements. It covers:
- Substantive Examination: Cross-check for distinctiveness and mark flexibility.
- Formal Examination: Cross-check for conformity with procedural guidelines.
On objection, the applicant will be asked to respond within the stipulated time, usually 30 days.
6. Trademark Journal Publication
In the event, unopposed, the application survives examination, it’s published in the Trademark Journal. This is for:
- Notify the Public: Offering third parties a chance to file opposition in case it’s determined to infringe their already existing rights.
- Begin the Opposition Period: A 4-month timeframe during which oppositions are acted on.
7. Opposition Proceedings (whenever necessary)
In the event there’s opposition, the procedure is:
- Filing a Counter-Statement: Refutation of opposition.
- evidence Submission: Both the parties submit evidence in favor of their position.
- Hearings: Hearings are conducted, if necessary, to rule over the dispute.
Successful opposition proceedings can result in rejection of the trademark application.
8. Registration and Issuance of Certificate
Save as in case of objection, or opposition proceedings are waived in favor of applicant, the mark is registered and a Registration Certificate issued. The certificate confers an exclusive right of use of the trademark in respect of specific goods or services.
9. Renewal of Trademark
Indian trademark is valid for 10 years from date of application. For continued protection, every 10 years the trademark must be renewed. Renewal procedure is:
- Filing Form TM-R: Filings with due fee.
- Filing in time: Filing within due date of current registration.
Common Mistakes to Avoid During Trademark Registration
- Ineffective Trademark Search: Insufficient search can lead to mismatches with already registered trademarks.
- Weak Class Selection: Weak class selection can limit protection scope.
- Weak Documentation: Weak or poor documentation can lead to delay or rejection.
- Not Responding to Objections: Failure to respond to objections on time can lead to abandonment of application.
How AnalystIP Helps Trademark Registration Process
AnalystIP is a trusted leader that provides end-to-end intellectual property (IP) law solutions, including trademark registration. They provide:
- Expert Advice: Offering customers IP advice based on their business requirements.
- Full Filing and Prosecution: Taking care of all in terms of trademark filing and becoming liable for any case arising in relation to legal work.
- World Protection: Registering your trademark in India and over 150 other countries, thereby your trademark becomes safe at the global level.
AnalystIP, with more than 20 years of experience, possess a highly competitive and flexible fee structure and are your first choice when it comes to protecting your intellectual property.
Conclusion
Getting your logo trademarked in India is a compulsory act of safeguarding your brand identity and acquiring exclusive rights over your mark. Provided it is done flawlessly, under cautionary measures, it’s relatively easy going through the registering process. With experts like AnalystIP, you too can get it made easy by availing expert advice and having end-to-end services done on your behalf for your own good.
FAQs
Q1: How long does it take to trademark a logo in India?
A1: In India, trademark registration typically takes between 18-24 months subject to opposition or objections.
Q2: What is the cost of trademark registration in India?
A2: Online registration is nominally ₹4,500 for individuals, small and medium enterprises, and startups. Others are ₹9,000. There may be additional professional fees if legal counsel is being sought.
Q3: How can I protect my trademark after registration?
A3: After registration, exercise caution to prevent infringement, enforce your rights in the event of unauthorized use, and timely renewals every 10 years to keep protection alive.
Q4: Can I trademark a logo that is similar to an existing one?
A4: No, such trademarks that are similar or identical to an existing trademark, especially of the same class, would be declined based on grounds of confusion.
Q5: What should I do if my trademark application is opposed?
A5: Counter-react to opposition within due time by submitting a counter-statement and evidence. Engaging the services of IP professionals will assist in effective management of opposition proceedings.