The registration of Intellectual Property such as a brand logo has become critical in the present age given the growing use of the internet and expanding marketplace. A logo is understood as a form of trademark for the purposes of registration and protection of rights and must be distinguishable from the products or service being offered by other players.
Brands have been able to make an identity for themselves and market themselves better by the usage of logos which are recognisable with the general public, however, often times they are open to being misused and passed off by a competitor which not only hampers the business prospects but can also potentially lead to misinformation and mistrust amongst the public. The Indian legal system has statutory provisions governing the registration, usage, and penalties in case of infringement.
Significance of Trademarking a Logo
The registration of logos as a trademark is critical for any future action in the event of infringement by any third party and is therefore crucial for the protection of the brand. The foremost significance of registering a logo is the grant of legal rights of usage with the entity and exclusivity of usage. A logo represents an entity or product’s face and branding which can be instantly recognized and is demonstrative of reliability and establishment of the brand. Therefore, it becomes critical that such rights must be protected for fostering the interests of the brand and its business.
Contrary to the provisions of Copyright Act wherein registration is not mandatory for initiating action against infringement, in case of trademarks, for proceeding legally against an erring and infringing party, it is critical that the logo must be trademarked with the concerned authorities, failing which no legal action can be initiated. The unauthorized use of a registered logo by any entity or person gives cause to action seeking injunctive relief, along with compensation by way of damages. Therefore, it is vital that the brand logo must be trademarked.
Validity of Registered Trademark
Once a logo is registered as a trademark, the same remains valid and in force for a period of 10 years and thereafter lapses. However, the same may be renewed by filing an application for renewal whereafter it again renews for a further period of 10 years. Therefore, in this manner, the trademark can remain registered under the name of the registering party for an indefinite period so long as its registration is renewed from time to time.
Procedure for Registering a Trademark
A trademark is registered under the Trademark Act, 1999 with the concerned trademarked registry and presently the process is also permitted to be carried out online at the trademark registration portal, apart from manual filing. Any individual, company or a limited liability partnership can be eligible to file an application seeking registration of the trademark. At present the Registrar Office of Trademarks is situated across India in different cities namely New Delhi, Mumbai, Ahmedabad, Chennai, and Kolkata.
- Identifying a unique and distinct logo
The foremost and crucial aspect for the successful registration of a logo begins with identifying a logo which is unique in its design and is not similar or identical to any trademark which is already registered with the Registry. Further, the act provides for 45 distinct classes of goods and services among which the trademark may be registered. Therefore, it must be correctly assessed as to which class of goods or services does the trademark belong to.
Before proceeding with the registration of a logo as a trademark, it is critical that a thorough search, preferably through a legal counsel be conducted to ensure that the logo sought to be registered is not similar or identical with any other trademark registered with the Controller General of Patents, Designs and Trademarks, for the particular class of goods or services.
- Filing of Application & payment of requisite fee.
An application for registration of a logo has to be made under form TM-A and can be done for more than one class of goods or services along with the requisite document such as a soft copy or clear copy of the logo sought to be registered, name and address particulars of the applicant/owner along with proof. The application must clearly describe the logo and the class of goods or services for which the registration is sought.
- Scrutiny of the application by Registry
The application is thoroughly scrutinised by the Registry to ensure that the same has been done upon following due procedure. The primary consideration by the Registry is to analyse whether there exists any identical or similar mark which is already existing or pending registration. Therefore, it is critical that the logo which is sought to be registered must have been designed in a manner that is unique to the class of goods or services to which it pertains. Once the registry is satisfied that the logo is unique and does not resemble any existing mark and all other documents that are provided, the brand name is published in the Indian Trademark Journal. However, such publication should not be misconstrued as registration, since it is in the nature of a public notification that such a mark has been received for registration.
- Objections to Registration
Once the logo is published, the registry awaits any oppositions to the same by any third party, which are to be made within a period of 4 months. In case any objections are received, the same are forwarded to the applicant, and is given an opportunity to reply to the notice of objection which is to be filed within a period of 2 months. If no such reply is filed by the applicant within a period of 2 months, the application is construed as abandoned and therefore rejected. Thereafter hearings are conducted on the statements and evidence which is filed by both the parties, and an order of either acceptance or rejection is passed by the Registry.
- Issuance of Registration Certificate
In case where no objections are made before the Registry, or in the alternate, when such objections are decided against the objector and the application is accepted by the registry, a formal Registration Certificate is issued in favour of the applicant whereafter the symbol of a registered trademark can be published and used by the applicant next to the logo.
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