MEANING OF LOGO
There is no legal definition of “Logo”. Generally, Logo refers to any graphical image or symbol that a businessman or entity uses as the identity of its product.
Generally, people have perception that Logo and trademark are one and the same thing. They use both terms synonymously although they are not same.
DIFFERENCE BETWEEN LOGO AND TRADEMARK:
- Trademark is a wider term as it protects a slogan, phrase, word, mark, logo or design from infringement. Whereas logo is merely the sub-set of trademark definition.
- A mark, logo, combination of words, design, sound becomes a registered trademark only when it gets registered under Trademark Act, 1999.
- Only a registered Logo gets protection from infringement. Proprietor of unregistered mark can not ask for protection from infringement.
REGULATION OF REGISTERED LOGO OR TRADEMARK
The logo or trademark registration is governed by Trademarks Act, 1999. As per section 3 of the said Act, Central Government may appoint Controller-General of Patents, Designs and Trademarks who shall be the Registrar of Trademarks.
Registrar of Trademarks is responsible for regulation of trademarks in India and registration thereof.
REGISTRATION OF LOGO
A logo or mark can be registered under Trademarks Act, 1999 by making an application to this effect to the Registrar of Trademark, along with payment of prescribed fees and prescribed documents. Application for registration of Trademark is to be made in form TM-A along with fees as prescribed in First schedule.
Fees prescribed in first schedule for trademark registration application.
|Applicant category||Online application||Offline application|
|In all other cases||Rs.9,000||Rs.10,000|
MAXIMUM TIME TAKEN BY REGISTRAR OF TRADEMARK TO REGISTER A TRADEMARK
The registrar shall either register or refuse the registration of the said trademark as the case may be within 18 months from the date of making application.
However, this time may be extended by the Central Government direction.
DOCUMENTS REQUIRED FOR LOGO REGISTRATION
The documents required for registration of trademark or logo depends upon various factors such as:
- Type of Applicant
- Type of mark you want to register
- Classes in which registration is to be made
- other factors as may be required to be considered
However, the basic documentation requirements are as follows:
- Self-Attested copy of Aadhaar card of Applicant
- Self-attested copy of PAN card of applicant
- Passport size photograph of applicant
- In case applicant is company then- MSME registration certificate
- In case applicant is company then- Start up registration certificate
- Graphical presentation of Logo to be registered
- In case application is filed by authorised representative of the applicant of the proprietor of trademark then the copy of duly signed power of attorney.
RIGHTS CONFERRED BY THE PROPRIETOR OF REGISTERED TRADEMARK:
- Th exclusive right to use of the trademark in relation to applied category of goods and services and
- Right to obtain relief in case of infringement of trademark
- The registration of trademark shall be valid for a period of 10 years. However, it can be renewed from time to time on filing application to that effect.
FAQ ON LOGO/TRADEMARK REGISTRATION
- Who can make application for Trademark registration?
Ans. Application for trademark registration can be made by any person who claims to be the owner or proprietor of Trademark.
For this purpose, person includes:
- Natural person
- Body Corporate
- Partnership firm
- HUF, Association of Persons
- Trust, Society, Government Authority
- What is the maximum size of representation of Logo to be submitted in application?
Ans. The maximum size of the representation of logo to be attached with application shall not exceed 8 cm X 8 cm.
- If any objections are raised in the examination report, then within how much time reply to examination report is to be filed?
Ans. After examination report is issued, reply to such examination report is to be filed within 30 days from the date of receiving the examination report.
- What to do if the last day on which any document which is required to be filed is Public holiday?
Ans. If the last day on which any document is required to be filed to trademark registry is Public Holiday, then such document may be submitted next day.
But it is highly recommended to file document before the due date to avoid any inconvenience due to delayed filing.
- Which form is used to file modification of application field in form TM-A?
Ans. Form TM-M is required to be filed to file modification of application for registration of trademark along with payment of prescribed fees.
Thank you for reading this write-up, if you have any queries regarding the Trademark or Logo registration then you can connect to our team company registration at email@example.com call us 9988424211.