A company logo is a crucial part of branding that helps businesses establish a unique identity. To protect it from unauthorized use, businesses must apply for trademark registration. A registered trademark provides exclusive rights to the logo, preventing others from copying or using a similar design.
This guide explains the step-by-step process of trademark registration, including the required documents and legal procedures.
What is Trademark Registration?
Trademark registration is the legal process of securing exclusive rights over a brand’s logo, name, slogan, or symbol. A registered trademark ensures:
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Brand Protection – Prevents unauthorized use of your logo.
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Legal Ownership – Grants exclusive rights to use the logo in business operations.
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Business Credibility – Increases trust among customers and investors.
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Asset Creation – A registered trademark can be sold, franchised, or licensed.
Step-by-Step Process to Trademark Your Company Logo
Step 1: Check Trademark Availability
Before applying for trademark registration, check if a similar logo is already registered.
- Visit the IP India Trademark Search Portal (https://ipindia.gov.in).
- Enter your logo name or keywords to check for similar existing trademarks.
- If no identical or similar logo exists, you can proceed with the application.
π Tip: Choose a unique and creative logo to avoid objections.
Step 2: Classify the Trademark Under the Right Category
Trademarks are categorized into 45 different classes based on business activities.
β Class 1-34 – For goods-based businesses (e.g., food, clothing, electronics).
β Class 35-45 – For service-based businesses (e.g., consulting, advertising, software services).
Identifying the correct class is crucial for successful trademark registration.
Step 3: Prepare Required Documents for Trademark Registration
To apply for trademark registration, you need the following documents:
For Individual / Sole Proprietorship
- Applicant’s PAN card & Aadhaar card
- Business registration certificate (if applicable)
- Logo design in JPEG format
- Power of Attorney (if filed through an agent)
For Private Limited Company / LLP / Partnership Firm
- Company PAN card & Incorporation Certificate
- Logo design in high-resolution JPEG format
- Trademark User Affidavit (if the logo is already in use)
- MSME or Startup India Registration Certificate (if applicable, to avail lower trademark fees)
π Tip: Ensure your logo is distinctive and unique to avoid trademark objections.
Step 4: File the Trademark Application (TM-A Form)
The application for trademark registration is filed using Form TM-A with the Controller General of Patents, Designs & Trademarks (CGPDTM).
- Apply online through the IP India website (https://ipindia.gov.in).
- Government Fees: βΉ4,500 for individuals/startups; βΉ9,000 for companies.
- After submission, you will receive an acknowledgment receipt and Trademark Application Number.
π Tip: The TM number allows you to use ™ (Trademark) symbol until final approval.
Step 5: Examination & Objections Handling
- The Trademark Registrar examines the application for any conflicts or objections.
- If objections arise, a response must be filed within 30 days to justify the uniqueness of the logo.
- If no objections, the application moves to the Trademark Journal publication.
Step 6: Trademark Publication & Opposition Period
- The logo is published in the Trademark Journal for 4 months.
- If no third party objects, the trademark registration is approved.
- If an objection is raised, a hearing is conducted.
Step 7: Issuance of Trademark Registration Certificate
If no opposition is received or successfully resolved, the Registrar issues the Trademark Registration Certificate.
β Now, you can legally use the ® (Registered) symbol next to your logo.
β Trademark validity is 10 years, and it can be renewed indefinitely.
Benefits of Trademark Registration
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Prevents Unauthorized Use – Legal protection against brand imitation.
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Adds Business Value – Trademark is an intangible asset that can be sold or licensed.
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Gives Exclusive Rights – The owner has sole rights to use the logo in marketing, packaging, and advertising.
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Global Recognition – Supports international trademark applications under the Madrid Protocol.
How to Check Trademark Application Status?
After filing for trademark registration, you can track the application status online:
1οΈβ£ Visit IP India Trademark Status Portal (https://ipindia.gov.in).
2οΈβ£ Enter the Trademark Application Number.
3οΈβ£ Check for updates like “Examined,” “Published,” or “Accepted.”
Conclusion
Trademark registration is a vital step for protecting your company’s logo and brand identity. By following the structured process—conducting a trademark search, filing the TM-A form, handling objections, and obtaining final approval—you can safeguard your logo from unauthorized use.
A registered trademark ensures exclusivity, brand recognition, and legal rights, making it a crucial asset for business growth. If you want a hassle-free process, consider consulting a trademark professional or legal expert.