Logo Registration in Coimbatore

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All you need to know about Logo Registration
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Introduction

• 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 locatio
  n 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 companys 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

• 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 lets 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
  lawyers or Attorneys fees. The lawyers or
  attorneys 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

• 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

• 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

• 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 lawyers or
  attorneys 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

• 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 Registration

• 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. Youve 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, its 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
  products 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
  businesss 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 theyre
  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 companys brand elements are similar
  enough to confuse consumers. Infringing companies 
  must stop using the similar trademark.

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Logo trademark

• Trademark ownership comes from actually using the
  trademark for products in economical way. The
  logo designer actually isnt 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?

• 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 dont 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 registration

• 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 wont be registered.

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When can a trademark be registered?

• 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 wont
  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

• 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 cant be trademarked. For example, if you
  open a pizza restaurant and put name it The Pizza
  Place, youll 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
• Youre 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 trademarks rights by using
  variations. Also registered logos trademarks must
  continue to be used in order to obtain their
  rights. If you dont plan to continue using your
  logo then there might not be situations to
  register.
• Your logo cant 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 arent 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 arent wanted to use the symbols with every
  visibility of your trademark, since they can
  litter the visual space and arent 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, its 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 companys goods
  or services provided in the market place. Strong
  logos often become easily identify trademarks
  throughout entire society by reaching the
  customers.