ALL YOU NEED TO KNOW ABOUT LOGO REGISTRATIO N
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INTRODUCTION ď ś Logo registration has many advantages once your brand obtains traction. The little effort it takes will give you the ability to initiate your right to the logos (or even word, sound, graphic or color combination) in court, protects similar names from being registered by other businesses operating in the location as your business location and is an asset any investor would be interested in knowing you have, as part of an intellectual property audit. And you can start using your logo in just 3 days. The following report will walk you through the logo registration procedure and covers the possible problems at each step. Your company’s logo is not just any other visual that you create to promote your business and raise your business. You will have the right to use logos in brochures, business cards, websites, social media pages, and much more marketing material.
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LOGO AVAILABILITY SEARCH ď ś The initial step is the search for the logo availability whether your selected name or logo has been taken and registered already in the Register. You have certainly conducted a preliminary investigation
while checking to see if there are any other domains using the same name as yours. But it wants to be completed officially, with help of the Trademarks Office through the official website for public
reference. This can be done both online and offline. It is recommended that you get advice form an experienced lawyer (you would want to give him/her with an authorization letter) or a registered Trademark Attorney. They are well-versed in the technique and are able to conduct an effective search. It will take one day time and it absolutely free of cost. If your unique logo is already availed, you will advise to give another name to search. Other than trademark the word, though, you
can design a unique logo for your business or service and include the name in it. Take BMW as an example. The BMW is within the logo.
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FILING OF FORM TM-1 After done the process of availability check, then that you have your name, on to filing of Form TM-1. Each such form would consist only one application. So if you were registering the trademark in two classes– let’s say Relentless Shoes and Relentless Hardware, as well as a separate logo for each, you
would be making four applications. With government fees at Rs. 4,000 per application, you would be paying multiple of four in application fee in this case. You would pay separate application fee per class and also lawyer’s or Attorney’s fees. The lawyer’s or attorney’s fees, which start at Rs. 2,000 per application and per class, would be extra according to that lawyer or attorney. Of course, in case of the logos, you would want to also to produce a picture of it in the JPEG format. The acknowledgement,
which provides the filing date and application number, is received immediately, but the Original Representation Sheet would take another two days. Every filing process would take two days to
complete the filing process.
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USE YOUR TRADEMARK ď ś Once you get the application number after filing the application, you would have the right to use TM mark in the top of your logos or trade name. After getting the registration certificate only, you use the R mark. But it is a long term process. Approximately it takes 8 months to 2 years. If your name is unique the process and registration would complete earlier. If any objection or opposition came, you would request to provide all supporting documents and also file the detailed explanation if
it needed.
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LOGO REGISTRATION
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ISSUE OF EXAMINATION REPORT ď ś The Government would examine the application and if any general name appears or clarification needed, it would object the application. The process of
questioning your claim provided to the trademarked logos only starts now. All notification about your application will show in the application status. It contains two types of process. And It would take 3 to 6 months and it is free
cost if no objection exist. But any objection raises, you should pay the objection fee to the government i.e. Rs. 4000 to Rs. 6000.
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NO OBJECTION
ď ś If the government has no objection to the trademark application, you can precede the request applied for in its examination report, it will issue a
Letter of Acceptance (also known as a TLA order), after which an advertisement like published the trademark application in the Trade Marks Journal.
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OBJECTION The government could provide any objections for several reasons: it may decide the word or
logo which is being similar to an existing trademark, believe it to be obscene or copied or that it could disobeys religious sentiments. If you want to overcome this objection, you would need to
pay a fee of Rs. 3,000, as well as lawyer’s or attorney’s fees, which should be a minimum of Rs. 4,000 to Rs. 5,000. This is to create a responsive explanation reply to the objection or present
supporting documents which are consider the evidence of the distinctiveness of your trademark. An interview with the examiner may also be posted. In this case, it is essential thing for the lawyer to be fully aware of your business activities. If the government satisfied with your explanation reply, then withdraws its objection, it will then publish the advertisement in the Trade Marks Journal.
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LOGO REGISTRATION
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ADVERTISEMENT IN TRADE MARKS JOURNAL ď ś The government has produced its approval; the trademark is now ready to be viewed by the public, which is published in the Trade Marks Journal. If no other
third party is opposed to it 4 months from its date of publication, the trademark registration certificate will be provided in 6 to 10 months.
However, if there is an opposition, the case could provide time for 4 months, as both parties will be given chance to be heard. Legal fees would also applicable for the opposition process. But the publication is free of cost. It takes 3 to 6 months
to complete advertisements in the Trademark journal.
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TRADEMARK REGISTRATIO N ď ś Around 9 months after the advertisement is completed, the trademark will be
registered. In case of an opposition, 9 months after the Registrar rules in your favor. The registered trademark is valid up to 10 years at a time of registration and then it
can be extended by renewal. The trademark registration certificate would provide for free of cost. For renewing the registered trademark, the separate cost will be
applicable. You’ve designed a logo for representing your business. Before publishing that designed logo out into the world, you should think how to prevent the design or
logos, and the business associated it, by correct use of trademark law. The transformation from concept to operation, from design to brand, is a critical.
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WHAT IS TRADEMARK? A trademark is a mark of trade or brand name of individual organization. In other words, it’s a word, slogan, image, logos or some combination used to relate
products with the manufacturer of those products. A trademark can take many shapes, as long as the mark is unique. The public should declare the trademark as
an identifier of the product‘s source or a service source. A classic example of a trademark is the Apple iPhone symbol. When you see that mark on the phone or computer you suddenly decide those devices as an Apple product.
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LOGO REGISTRATION
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WHAT DOES A TRADEMARK PROTECT? The usage of a trademark is to prevent your business’s brand identification in the marketplace. To use another shoe company as an example, the Adidas trademark of three white stripes lets people know that the shoes they’re about to buy were designed and manufacture by the Adidas Company. If a company starts selling shoes with two white stripes by infringing the trademark of Adidas, people could easily think and confuse those shoes also are Adidas shoes. Not only does Adidas lose money from the lost sale, but they also lose consumer confidence, if the similar looking shoes are lessor in quality. The law says that your trademark is copied upon when another company’s brand elements are similar enough to confuse consumers. Infringing companies must stop using the similar trademark.
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LOGO TRADEMARK ď ś Trademark ownership comes from actually using the trademark for products in economical way. The logo designer actually isn’t the trademark owner. The
business owner who manufactures the product of that trademark and he has the right to properly owns the trademark. Your logos turn into a trademark when it looks on labels, packaging or the product itself and the public identifies the company behind that specific combination of colors and shapes. Imagine you see a sign with two birds inside a nest; you probably are picturing a product as
nestle (also trademarked) or similar health care food items of nestle.
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REGISTERING YOUR LOGO AS A TRADEMARK? ď ś In the United States, trademark rights start when the trademark is come into commercial use. That means as soon as you start advertising your product with
your logo, your logo is technically trademarked in the eyes of the law. But these automatic, common law trademark rights are geographically limited and difficult
to survive. Even though you don’t have to go to the difficulty of officially registering your trademark with the U.S. Patent and Trademark Office.
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LOGO REGISTRATION
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LOGO QUALIFY FOR REGISTRATIO N ď ś Though the Patent Office approves multiple thousands of trademark
applications per annum, not all trademarks are reaching eligibility for registration. Trademarks cannot be offensive or misleading, for example. Applications for trademarks that are too same as the registered already or existing ones will be
refused unless the products are completely unrelated, as in the case of Apple Computers and Apple Corps, a well-known company owned by name of The
Beatles. Marks that same or are visually similar to each other are likely to make confusion to the consumers and that won’t be registered.
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WHEN CAN A TRADEMARK BE REGISTERED? ď ś You must start the process of trademarking a logo as soon as possible, providing an intent-to-use application even before your business or product
inaugurates its operation. The trademark won’t officially be registered until the Patent Office completes its review and provide approval and generate
certification of an application.
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THE STRONGEST TRADEMARKS ď ś The aim of a trademark is to differentiate your products from the other competitor entrepreneurs who having the similar name. Therefore the trademark must be unique. Trademarks are categorized along a spectrum from weak to strong, with the strongest being the mostly prevented by law because they are unique in the minds of the public and are readily deferral in the market. Invented words, like Zynga, and words with no association with the prevented goods, such as Apple, are stronger than marks that are merely preferable or illustrative. General words or logos can’t be trademarked. For example, if you open a pizza restaurant and put name it The Pizza Place, you’ll probably have a long time trademarking your name than if you name it Tricycle Pizza.
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REGISTER YOUR LOGO AS A TRADEMARK There are many tactics why you might select not to chase trademark registration, depending on your present and expected situations: You’re not sure how long your business will present. Applying for trademark registrationis time-limited, averaging about 10 months to complete the process. The application is high cost, too, with a minimum filing
fee of $325 if you prepare and precede the most basic application without legal counsel or concern attorney. Your logo might alter in a couple of years. Only the exact version that is registered is legally prevented, and you could usually lower the registered trademark’s rights by using variations. Also registered logos trademarks must continue to be used in order to obtain their rights. If you don’t plan to continue using your logo then there might not be situations to register.
Your logo can’t be registered because it is same to another already in existence somewhere else in the country or already registered in the Register. As long as you set to your geographic area, then state registration or common law obviously gives enough prevention.
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USE THOSE TRADEMARK SYMBOLS You can use the R symbol only for registered trademarks. Though you aren’t required to use the trademark symbols of TM or R doing so signifies
that someone claims ownership of the mark, which could make other businesses think twice about “borrowing” part of your brand. You also aren’t wanted to use the symbols with every visibility of your trademark,
since they can litter the visual space and aren’t legally necessary.
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DIFFERENCE BETWEEN A LOGO & TRADEMARK A trademark is a mark of trade or brand name of individual organization. In other
words, it’s a word, slogan, image, logo or some combination used to relate products with the manufacturer of those products. A trademark can take many shapes, as long
as the mark is unique. A trademark must be associated with the goods or services that a company provides in commercial trade. One type of trademark contains the
company logo. A logo can recognize as a trademark – if it fulfills the minimum needs of the Trademark Law. To recognize as a trademark, a logo must be a unique mark
used to identify and differentiate the company’s goods or services provided in the market place. Strong logos often become easily identify trademarks throughout entire
society by reaching the customers.
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