How Can You Trademark a Logo?

In today’s landscape, every industry is highly competitive. In this fiercely competitive business landscape, building a distinctive brand identity is crucial for success. When it comes to establishing a unique brand identity, many elements play a key role, including the logo. A logo is a powerful visual representation of your business. A well-designed logo can communicate your brand’s values, evoke emotion, and leave a lasting impression on consumers. However, did you know your custom logo design also needs protection from unauthorised use? You can protect your business logo with the help of trademark registration.

What Is a Trademark?

A trademark can be a word, phrase, image, or symbol that is unique enough to register as a business’s exclusive brand. By trademarking your business logo, you can acquire legal protection against fraud and counterfeits. Other businesses (offering similar services or products) can be penalised if they use a design similar to your trademarked logo. It is also applicable to foreign entities.

How to Trademark Your Business Logo

The process of trademarking a logo in India is quite easy. Every country or state has its own rules. Before trademarking, you should check the rules and laws of your country. Or you can take the help of a logo design company in India for the best guidance.

A. Determine Whether You Need a Trademark or Not

First, you need to consider whether your business logo design truly needs a trademark or not, since the process is time-consuming and requires both effort and money. When a business starts to use a logo to advertise and sell its services and products, it automatically attains common law ownership along with the limited protections associated with it. However, if the business can prove it’s the first in the domain, it can go for trademark protection.

B. Search for an Existing Trademark

Before you apply for trademark registration, you should search for existing logo trademarks that may bear any resemblance. Your application can be rejected if the logo design you have submitted is likely to be confused with existing logos (for comparable services and products). You can use the Trademark Electronic Search System (TESS) provided by the Indian Trademark Office to check for similar marks.

C. Determine the Class of Products/Services

Identify the appropriate class or classes of goods or services under which your logo falls. The Indian Trademark Office follows the Nice Classification system, which categorises goods and services into different classes. Select the class that aligns with your business activities.

D. Prepare the Application for a Trademark

Gather the necessary documents and information required for the trademark application. This includes your logo in a specific format, details of the applicant (individual or business), proof of business registration, and a Power of Attorney if you are using a trademark agent.

• You need to first file an application with the registrar of trademarks.
• The application should include a description and specimen of your business logo.
• You need to pay the required fee.
• Once the application is filled out and submitted, it will be verified by the registration department.
• If your application is approved, you can find it in the Trademarks Journal.
• After the publication of your trademark, anyone can oppose it within three months.
• If no complaint comes within the first three months, it will be registered for you, and you will get a certificate of registration.

What Happens After a Trademark Is Registered?

If your trademark is registered, you can use the relevant symbol. You can also file a lawsuit against someone who uses your trademark without your prior permission. You can give others permission to use the logo trademark by licencing it. Also, the owner of a logo trademark can file a complaint against someone who files for a similar trademark. If anyone uses the trademark without permission, the owner can file an infringement lawsuit against that person. In a nutshell, registering a trademark gives you exclusive rights as the owner to use the trademark and also helps you protect your trademark from infringement.

Copyright Vs. Trademark

Hearing about the benefits of trademark registration or the rights you get through it may feel a bit confusing. Many people say that trademark registration seems quite similar to copyright registration. Many also think both are the same. However, both are not the same. The copyright is there to help you protect your creative works like music, movies, books, artwork, or web or mobile applications.

Your copyrighted work or product should be tangible. Consumers should be able to hear it, see it, or use it. You can copyright an undocumented idea, some words, or anything creative. On the other hand, a trademark is a unique phrase, symbol, word, or design that represents your brand or company (which should provide goods or services or both). Generally, we can see trademarks on marketing materials and on product labels.

Copyright or Trademark– Which Is Suitable for Your Logo?

Custom logo designs are often eligible for both trademark registration and copyright. Copyright can protect the original logo design from unauthorised copying. On the other hand, a trademark prevents the logo from being used by your competitor without your permission. Copyrights can be earned automatically upon the production of a work in a tangible medium; however, registration can secure more benefits.

Conclusion

Brand logo designs should be trademarked and get the required protection from any kind of unauthorised usage. If you are looking for a company that can help you get a creative custom logo design and guide you on how to apply for logo trademark registration, you can connect with Logo Design India. Here, you can meet the industry’s best logo designers with years of experience. Be it creating an innovative tech logo or a fashion logo, you can experience creative work and decade-long excellence with Logo Design India.

Frequently Asked Questions

1. How long does it take to trademark a logo in India?

You can file a trademark application for a logo, and it takes one to three days. However, the trademark registration process in India may take six months to two years, and then the authority will provide you with a registration for the trademark.

2. Can I trademark my business logo on my own?

Yes. Anyone can apply online to register his/her business logo. It is also seen that busy business owners hire an attorney or specialised service to handle the trademark registration process from start to finish. It can help you file an application without any errors and prevent future complications.

3. How much does it cost to trademark a business logo in India?

To get your own business logo, you need to hire logo design services and pay a good amount of money. On top of that, there is also an expense for the trademark thing. Generally, trademark filing in India can cost you INR 4,500 per mark per class.
For MSMEs, Start-ups, or individuals, the official fee for filing one trademark in one class is INR 4500.

For companies, the official fee for filing one trademark in one class is INR 9,000.
(Additional charges or conditions may apply sometimes.)

4. Can my logo be copyrighted?

Yes. You can enable copyright protection for your logo only if it’s artistic in nature and contains some unique creations.

5. Can I trademark my business name?

Yes, you can trademark your business/company name. Words, numerals, slogans, business names, and more can be rightly trademark registered.