Logo Registration Procedure
Search of Logo:
A Logo search is the first step in the Logo registration procedure. A Logo search is to be conducted in order to determine the uniqueness of the Logo, and its similarity to other, pre-existing Logos. It is very much advisable to conduct a Logo search before registering or using a Logo. Without a search, there are chances for being sued for Trademark infringement, the rejection of the Logo registration application, and a third-party challenging the Logo registration application.
Filing of Logo Registration Application:
The second step in the Logo registration procedure is filing of Logo registration application after getting the positive search report. After receiving of the acknowledgement the applicant can use the symbol TM alongwith the applied Logo. If the application for the registration of Logo filed through efiling system of Trademark (Logo) registration than the acknowledgement of the application alongwith the government receipt generate immediately after the filing. If the application for the registration filed manually than the acknowledgement provided only after 15-20 days.
Examination of Logo Registration Application:
Third step in the Logo registration procedure is issuance of examination report by the Registration office. Upon receipt of Logo registration application, the Registrar issues an examination report after examining the application. Applications are examined to ensure that they comply with the requirements of the law and that they do not conflict with Logos which are already registered, or which are the subjects of earlier pending applications.
Publication of Logo in Trademark Journal:
Fourth step in the Logo registration procedure is the publication of the Logo in the Trademark journal. If the Registrar consider the mark as a distinctive Logo or after the removal of the objections, if any, raised by the Registrar he may cause the application to be advertised in Trademark journal. If no opposition to the Logo is filed within 90 days from the date of publication, or 120 days if request for extension of time is given to the opponent and opposition is refused, Logo proceeds for the acceptance of Registration.
Logo Registration Certificate:
Fifth step in the Logo registration procedure is the issuance of Trademark registration certificate. After the application for Registration of Logo is accepted by the Registrar, the Registrar shall issue to the applicant a Certificate of Registration under the seal of the Trademark Registry.
If there is no objection and /or opposition raised, the process of Registration of Logo usually takes 15 to 18 months.