Logo and trademark registration is gaining popularity in India with each passing day. Logo registration in India is a part of the different types of trademarks. As the name suggests, a trademark refers to a unique and distinctive mark capable of using it in the course of a trade. Apart from logo registration, other types are wordmark and brand name, scent or shape, etc.
The entire trademark registration process takes at least a year to complete. You can take precautionary measures before filing the TM Application, which helps in effectively reducing the timeline of logo registration.
Stages of Logo and TM Registration
As stated above, the timeline for getting a trademark protection is at least one year. During this one year, there are many stages where the owners needs to take prompt action. If by any chance the owner forgets to take action as and when required, there’s a high chance of a trademark application being abandoned. Hence, remember, all the stages mentioned below are very important to get your logo and trademark registration in India:
Figure out a unique name!
The first step in getting a logo and trademark registration is figuring out the perfect unique and distinctive brand name. While considering that, you can keep the following list in mind about what can be trademarked in India:
- A device mark, commonly known as a logo;
- A word mark, consisting of any slogan, tagline, brand name, name of a person; etc
- Any unique packaging material;
- A scent; color scheme of a brand; or a unique and distinctive shape.
All these are trademarkable, under the following conditions:
- The mark is not similar to any existing prior mark;
- Mark is a distinctive and uniquely coined term;
- The mark is being used extensively in the course of trade;
- It is not against the public order/morals;
- It is not a prohibited name; and lastly;
- It is not descriptive of trade.
Once you are clear about these conditions, getting a registration of TM becomes super easy.
Identifying the appropriate classes
Trademarks are put into different classes, i.e., ‘classifications’ based on the type of trade/goods a business provides. The Trademark classes are universal, and known as the ‘NICE Classification’. The classification provides a distribution of trademarks on the following basis:
Classes 1 to 34: applicable to different producers/manufacturers of various goods, such as clothes, gifts, chemicals, yarns, fiber, thread, handloom materials, shoes, computers, applications, tobacco, alcohol, etc.
Classes 35 to 45: these classes apply to all service providers providing all different sorts of services to the public at large. The classes include various services ranging from business advisory, digital marketing, advertising, software development, teaching, legal services, medicinal and veterinary treatments and services, and even real estate, and web development. In short, all different services and consultations are included in these classes.
There is a high chance that your trademark application may fall in more than one trademark class. In such cases, you can choose to file either separate TM Applications in different classes or, you can file a single application through class 99. A class 99 application refers to a multi-class application, where an applicant is allowed to seek protection in more than one class by filing a single application.
Example of selecting more than one class:
If a person ‘A’ is providing web development services, he can apply to class 42 of the NICE Classification. However, if he also provides digital marketing services, then class 35 will apply to him as well.
Conducting Trademark Search
Once you know the class/classes applicable to your trademark application, you need to search for your trademark in those classes to check whether the name is available or not. To do this, you need to visit the IPIndia Search Portal, where all you need to do is enter your brand name and relevant classes, then click on ‘Search’. The screen will then reflect a soft copy of all ™ journal entries which are either phonetically or visually similar to your mark. Trademark Attorneys usually provide an entire opinion based on the trademark search report. This ensures the application of the chances of getting their mark registered.
Filing form TM-A
Now that you know all about the basic mandatory steps, you can apply by way of submitting form TM – A. To submit the form correctly, you need to submit the following documents and details:
- A Power of Attorney (if applicable);
- Resolution of the Board of Directors (if applicable);
- MSME certificate, if you are applying as a small enterprise;
- DPIIT certificate, if you are applying as a startup; and
- A geographical representation of your mark;
- A JPEG image of the logo;
- The goods and services description based on the relevant NICE Class; and
- Certificate of Incorporation.
Once you submit all the details, along with the prescribed fees, the application will get in the records, and you will receive an application number. You can use this application number during the registration process to check the status of your application.
Conclusion
Before you file a trademark application, you need to keep all these points in mind and follow these simple stages. Once an application is filed, the trademark registry assigns an officer, who will examine the mark. You might have to submit a reply to TM examination report within one month of issuance of the report. If need be, the registry will also declare a hearing on your mark. Once you can clear the objections off your mark, your mark will be published in the Journal of Trademarks for four months, after which you will receive your trademark certificate!
