A graphical representation of a symbol which is used by a company, enterprise, institutions, and organizations is termed as logo. The important aspect of logo is that they represent an identity to a specific company. Companies like Coco Cola, the IBM have specific logo which makes them stand aside in the commercial side of the market. Colors play a major part in logo as they emote what the brand wants to convey.
Color plays a significant role in trademark. Registration gives protection to the filed trademark and if any infringement occurs, we can file a case against the person infringing the mark. The proprietor can use his/her trademark commercially.
Before the logo trademark registration in India, it is necessary to follow the trademark design search by visiting the Official Indian Patent and Trademark office website and can make the public search by first making the registration and making the payment on-line. The cost for the trademark public search is Rs 400/- (Rupees Four Hundred Only) for every specific class.
The two types of trademarks search are the public search with payment which can be made in the Intellectual property office and public search with payment which is made through on-line by logging into the controller general of patents designs and trademark website.
Once the payment is made in the Trademark office, the Search ID and the password will be provided by the office. The search has to be made within 7 days from the date of issuance of the search ID and password, whereas the payment which is made on-line receives the search ID and password through e-mail.
It is essential to make the relevant searches for all the necessary class within the prescribed time. The trademark search can be made only for fifteen minutes, after the specified time, the process will be logged out without human intervention.
The logo trademark can be registered after the search is carried out by filing the Trademark Form - I, and Tm Form -II which is for a convention country with a prescribed fee of Rs 2,500/- (Two thousand and Five Hundred Only). The forms have to be made in triplet and the representation should be made five in number. The Name, Address, State and Country of the proprietor of the Mark should be mentioned in the logo trademark registration.
The logo trademark which is registered in India may be in the following stages such as applied trademark, granted trademark, issued for examination or opposed trademark. The status of the trademark application can be viewed by logging into the controller general of patents designs and trademark website. Just by entering the trademark application number, we can know the status of a trademark application. An announcement of the same will also be sent through letter by the Intellectual Property office.
The logo trademark that is registered in India can have the symbol (for those who are the proprietor the trademark, it would be unlawful if a person who is not a proprietor uses such symbol) (can be used just to mention that he/she is a proprietor of the trademark, but its not unlawful to use)
The logo trademark registration can be made by the trademark attorney who will follow out the procedure to register a trademark, notification of opposition if any, to prepare trademark responses and other necessary legal information related to trademark or service mark.
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