Uploaded on Aug 21, 2019
Here in this blog, we have discussed about the importance of logo registration and also the benefits attained by your business
Why Logo registration is important for your business
WHY LOGO REGISTRATION
IS IMPORTANT FOR YOUR
BUSINESS?
Here in this blog, we have discussed about the importance of logo
registration and also its benefits for your business.
Trademarks and logo registration are the huge intangible assets for any
business. Moreover, it helps to protect for the people who are ready to steal or
copy your intellectual property. Popular companies like apple, Samsung, Nokia
and many more spend their resources and huge amount for protecting their
logos and brand name.
Moreover, the only way to protection is registering your intellectual property
through a copyright, trademark registration or both. It takes time to get final
approval for a trademark or copyright, but starting the process preserves
rights to ownership and gives you a legal remedy in case of infringement. If
you don’t have registered your trademark, then you may not be able to sue
another party for infringement on your logo.
Basically, a trademark protect logos, slogans or words, while
copyright protects intellectual design structure. For example-
Apple is trademarked as iPhone. But, sometimes apart trademark
, a brand has aspects which acts as source identifiers or contains
features for identifying the products. It may also range from
distinctive packaging, unique designs of package.
Likewise, in Cadbury chocolates, the colour purple is distinctive
colour, and in case of iPhones the white box packaging is
distinctive and is mostly identified with apple products. These
features constitute part of copyright and hence, most brands go
for both Trademarks and copyright usually.
LOGO REGISTRATION OR COPYRIGHT–
WHICH IS BEST?
TRADEMARK REGISTRATION
OVERVIEW
Basically, In order to attain copyright protection, it must reach an essential level
of creativity. However, many logos do not qualify this requirement. Since
copyright cannot protect a name, colours or the design of the logo, most simple
logos simply do not have the required level of creativity to be considered
copyrightable. As all the logo does not qualify for registration under the copyright
because copyright is given for the creative design and not the words. For
example- Mercedes logo, Jaguar logo is copyright and the words are trademark.
Further, Trademark registration done can be renewed every 10 years if not in use,
then the filing can be completed between the ninth and 10th year. Copyrights for
individuals as owner last 60 years after the death of the original creator. Works
created for hire have a copyright life of 95 years or 120 years from the date of
publication, whichever is shorter.
WHY TRADEMARK AND COPYRIGHT
BOTH ARE IMPORTANT?
If you’re only copyrighting your name or logo without
trademarking, you cannot fully protect it against infringement.
You’re only securing your rights to it since it is something you
have created and it is your intellectual property. A trademark can
protect your name and logo in case someone else wants to use
them for their own purposes.
Also, you cannot really copyright a name, since copyright
protects only artistic works supported with some level of
creativity. This is exactly why you need to have a trademark that
protects your company’s intellectual property, such as your logo.
Thus, a trademark is meant to protect a word, phrase, symbol or
a design that classifies and distinguishes the goods or services
from those of the others. Sometimes, a distinctive logo is eligible
for both a trademark and a copyright protection.
Trademarks include company names, slogans, logos and designs
that are used to identify and distinguish a company’s goods from
others in the trade of business. A copyright is obtained in order
to stop others from using your creation without your consent.
BENEFITS OF LOGO REGISTRATION
Logo is the face of the business:
Logo reveals your unique identity as it is the face of your business. More
your logos bears uniqueness the more it communicates your ownership
among customers. Great logos make a good first impression. Potential
customers will surely consider such logos when they decide whom to trust.
So, make an impression.
Makes more customers:
Chiefly, the most important benefit of a trademark registration and logo is
that it invites new customers to your business. By giving your business a
brand that fits it well, you’re strengthening your business name and
providing a visual to your target audience. You know that, nowadays,
people are drawn to interesting designs and brands.
IT KEEPS LOYAL CUSTOMERS:
However, it keeps loyal customers to stick with your product. For, that logos
has name. So, if you really want your customers being loyal to your products
create a great trademark or redesign the existing one if not yet done.
CREATES PROFESSIONALISM AND TRUST:
Logo registration is also a symbol of professionalism and trust. You can
easily earn trust of your customers with the professionalism your logo
displays. Appoint a very creative and professional brand making artist for
this purpose. By simply looking at a logo, like it or not, today’s customers
will immediately make judgments, and will get a picture of the product it
sells. That is, the logo influences their decision to buy or not to buy.
LOGO HELPS YOU BRAND:
Finally, trademarks helps you in future branding endeavours so much. Using
your logo on all of your marketing items, packaging, products, social media,
website, etc. is a way to advertise your brand and engage with the
customers consistently. A great logo will do the work itself. So, take your
time and give your full heart when you make one. Changing the logo or
redesigning it now and then is not a good idea.
Logo registration offers you an amazing and very useful benefit that you get global
permit for your services and products. Trademark registration in India helps the
domestic owners get exposed and explored to the global market through
International Trademark System. NRIs and foreigners can also register trademark in
India. Getting global permits will enhance your business opportunities and make
your brand internationally famous.
Thus, a logo is a trademark but a person can file a copyright for the same but the
person have to take a NOC and when you receive no objection certificate from the
trademark then only you can apply for the copyright for your goods trademark or
packaging. Thus, a logo can be protected as both, a copyright and a trademark. For
better protection, it is recommended that it be filed both copyright and trademark.
This is because copyright and trademark registration grant you different type of
rights and both are important and relevant in case of a logo registration.
GLOBAL TRADEMARK
REGISTRATION
HOW TO REGISTER A TRADEMARK
FOR YOUR BRAND?
The trademark registration process can be done through offline.
Today, the process has been moved to an online portal and you
can directly use the TM symbol after filling an online form and
providing all necessary details.
FOLLOWING IS THE PROCESS FOR ONLINE TRADEMARK
REGISTRATION:
SEARCH FOR A TRADEMARK
Make sure that your Trademark is not similar to an already existing
mark, before registering your brand. Every category of goods and
services is divided into classes which are further divided into sub-
categories. Choose the class you want to search for and enter the
details accordingly.
REGISTER FOR E-FILING
Once you have finalized your Trademark, it’s time to register it
online. Here, you will be required to register using your
digital signature.
BEGIN THE E-FILING PROCESS
Once the search and registration are done, you can start filing for the
trademark with the Trademark Registrar.
Ensure that you follow the process and have all the required documents in
order.
DOCUMENTS REQUIRED INCLUDE:
Copy of Logo (Optional)
Signed Form-48
Incorporation Certificate or Partnership Deed
Identity Proof of Signatory
Address Proof of Signatory
Following this, we should pay the online fees for trademark registration.
Once your application is filed, you can use TM symbol.
Post this, your trademark registration application is in order and is classified
as a new application. The trademark department reviews the application, and
if it is correct on all grounds, it is marked for examination.
EXAMINATION OF THE APPLICATION
The examination is carried out by the examiners of Trademark, and
if they find all documents in accordance, they advertise the
Trademark it in the trademark journal. This application can be
refused or rejected under the trademark act, 1999. You will need to
comply and clarify any objection within a prescribed period of days.
PUBLICATION IN TRADEMARK JOURNAL
After examination, the mark will be published in
the trademark journal. The registry will processes the application
within four months of publication of the application. If there is any
objection by a third party, a hearing process must be conducted to
listen to the claims by both parties.
REGISTRATION AND CERTIFICATION
After the publication of the Trademark in the journal, a registration
certificate under the seal of the Trademark Office is issued. Once you
receive a certificate, you can use a ® that signifies a registered
trademark symbol.
The processing of trademark application can take 18-24 months. Once it
is registered, Trademark is valid for 10 years. The Trademark can be
renewed by filing a TM-R form and depositing the requisite fees.
Conclusion:
Even though the trademark registration process can be time-
consuming, it is a must if you want to run your business to its highest
point. Also, the government is making various provisions for small,
medium, and large enterprises.
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