Is it compulsory to file logo with Trademark Application?

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  • Trademark Registration

Brand name links stakeholders with the integrity and vision of the organisation, whereas the visual representation of the same through a logo strengthens your imagevalue in better way.

After all, an image speaks 1000 words. The owners of the brand name generally opt for the Trademark Registration with the wordmark as well as the logo designed carefully.

The first topic to be discussed is whether online registration application filing will require both Word mark and a logo? The brief answer to this is clear no. The applicant can either file application with only word mark or only logo or with both choosing the appropriate category of the Trademark. Online TM Registration allows your different categories under which the application will fall. Word Mark and Device are main two categories which will be discussed here. The application of Trademark filed as only “word or brand name or tagline” will be considered under category of “Word Mark” whereas the application which involves only “Logo or Logo with word mark” will fall under category known as “Device.”

Choosing a logo that will represent your organisation without any words is a careful part as the interpretation is left on the person interfacing same. Hence, the customary interpretation in the industry should be considered while designing of the logo as the message spread by the use of logo will also affect the business and goodwill of the client.

How the logo should be chosen?

A logo to be submitted for the application of Trademark Registration should not be nearly visually identical in form of shapes or designs nor it should be similar or adopted from the famous logos or designs that can cause ambiguity in the mind of consumers and can create untrue impression of connection with said brand. Hence, a uniquely designed logo is required for allowing registration as well as its establishment of unique identity among others in the market.

The logo can be applied with the word mark or separately in different application. When the application contains both Word mark and Logo, the logo shall contain only word mark within its design. In case the applicant wants to add the tagline in the logo, the same shall also be added in applied word mark. It is normally seen that the Registry asks the applicant to choose between the word mark and the logo, in case any dissimilarity is found. Hence, to avoid such consequences to choose between both, better option is to include the brand name or word mark in the designed logo. Combining your Brand Name and Logo will allow making an application with single Trademark Application online. In case the applicant wants to design the logo differently, the logo can be separately applied as discussed above.

When the brand name applied hold huge value in monetary terms or clientele and the brand name is very common, the applicant can always see bright side of making different application. When the Registry denies the word mark, few chances are there to get the application for logo passed based on its distinct design and shapes.

Should the logo be colour specific?

Designing a logo and choosing colour pattern is not clearly related to making an application unless it is similar to other brands. What colours are to be used and included are sole discretion of the applicants. Yet, a question always arises whether to apply the logo with colour pattern or only in black & white pattern. When you include different colours in the application, it means you are applying for design with such particular colours. Therefore you are claiming to provide right on particular design with colour pattern. Hence, you cannot alter the colours used in the logo afterwards and continue using ™ or ® sign besides it. The rights will be limited only to applied colour pattern of Logo. If for any reason, the colour pattern is changed for the logo and the owner wants to claim rights over it, a fresh application shall be made with payment of Government Fees in concerned class.

When you apply for the logo in B&W pattern, you do not mark ownership for any particular colours, but only the designs. Hence, at any time the applicant or owner will be able to change the colours as per requirement and trends. This will help the applicants that require changes based on prominent fashion trends and using different colours to influence the market.

Change in Logo:

Any change in pattern, design or shape of logo will require the applicant to file a new application to secure the rights over same. As said, when we are registering a particular shape, the rights of owners will be limited to application filed. Application cannot pursue his rights over a logo even with a minor variation, using ™ or ® mark will be prohibited for particular change. Therefore, while designing a logo, one should foresee the upcoming demands and trends to reduce the chances of change in logo in future to eliminate additional cost for filing new application.

Keep an eye on application status:

Responsibility of the applicant does not end with making an application for online TM Registrationonly. The applicant is also required to track the status of the application filed on regular period of every 20 to 30 days. The applicant shall respond to the queries of the Registry within the time prescribed. While raising a query or objection, the registry does not refrain the applicant to use ™ sign or waive the rights over the brand name or logo, but provides an opportunity to put forward the grounds to support the application.The applicant can track the application status at http://ipindiaonline.gov.in/eregister/eregister.aspx using “Trade Mark Application Status” option.

The conclusion says that the logo and brand, if applied together shall be consistent to each other.Get assisted by your attorney for better understanding of application for your brand name and logo.

About the Author:

Shrijay Sheth
Shrijay, co-founder of LegalWiz.in, is best known for his business acumen. On this platform, he shares his experiences backed by a strong understanding of digital commerce businesses. His more than a decade-long career includes a contribution to some of the highly successful startups and eCommerce brands across the globe.

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