How to Register a Logo as a Trademark in India – Process, Fees & Documents

The logo allows clients to identify your company and differentiate your offerings from those of your competitors. Irrespective of whether you run a startup, an existing firm, or a small business, securing your logo is an important step in creating a brand name. But just designing your logo and even displaying it on your website doesn't ensure the same level of security as trademark registration.

If you wish to secure your brand image, knowing how to register your logo trademark in India becomes very important. The first step in trademark registration is to search for the existence of a similar trademark and then select the proper trademark class. Thereafter, you will have to prepare the necessary documents and file an application with the Indian Trademark Registry.

The rules concerning the registration of a logo trademark in India include the Trade Mark Act, 1999, and the Trade Mark Rules, 2017. Your application can be made online via the Intellectual Property India website.

This article describes the procedure for Logo Trademark Registration, government fees, required documents, typical objections, and all the steps for securing your business logo.

What Is Logo Trademark Registration?

The process of trademarking logos means the procedure of registering the visual form of the brand’s image.

The logo can be designed on the basis of various signs, pictures, stylized letters, etc. The registered trademark guarantees legal protection of the logo in relation to the goods/services for which it is registered.

So, for instance, the fashion brand uses a special symbol in their product labels and packaging. The application for trademarking the symbol may ensure that the brand will not face any infringement.

Normally, the logo is filed as a device mark at the Trademark Registry. However, if the logo incorporates the name of the brand, you may want to file for the name separately (as a word mark).

Why Should You Register Your Logo as a Trademark?

A registration of your logo has a lot of advantages to offer your business regardless of its size.

1. Legal protection: You will have statutory protection over your trademark with respect to particular goods/services and could initiate legal proceedings against any infringement.

2. Distinction of your business through trademark: Your trademarked logo would help you distinguish your business from your competitors.

3. Prevention of infringement by third parties: You could take legal action against those who use an identical/deceptively similar mark that infringes your trademark rights.

4. Intangible business asset: Your registered trademark can serve as a business asset which could be assigned/licensed/commercially used.

5. Business development through registration: The trademark could play an important role in your intellectual property policy when expanding your business in terms of new markets/products.

Nevertheless, the registration does not mean that all other similar designs cannot be used in any fields. It depends on the mark, goods/services covered, and the corresponding legislation.

Who Can Apply for Logo Registration in India?

In India, any individual or business that owns or intends to use a logo to identify its products or services can apply for logo trademark registration. The applicant does not necessarily need to have a registered company or an existing business.

The following applicants are eligible to apply:

Individuals: Any person can apply for logo trademark registration in their personal name, including freelancers and self-employed professionals.

1. Sole Proprietors: Individual business owners can register a logo used for their business.
2. Partnership Firms: Registered or unregistered partnership firms can apply through their authorized partners.
3. LLPs: Limited Liability Partnerships can apply to protect their business logos.
4. Private Limited Companies: Companies can register logos used for their brands, products, or services.
5. Public Limited Companies: Public companies can apply to protect their corporate and product identities.
6. Startups: Eligible startups can apply for logo registration and may qualify for a reduced government filing fee.
7. Trusts and Societies: Eligible trusts, societies, and other legal entities can apply through authorized representatives.

Eligibility Criteria for Logo Trademark Registration in India

Any individual or business can apply for logo trademark registration in India, provided they have legitimate ownership of the logo and it meets trademark requirements.

The basic eligibility criteria include:

1. Unique Logo: The design should be distinctive and not confusingly similar to existing trademarks.
2. Ownership: The applicant must be the creator, owner, or lawful proprietor of the logo.
3. Business Identity: The logo should identify specific goods or services.
4. Legal Compliance: It must not contain prohibited symbols, misleading elements, or unlawful content.
5. Trademark Class: The applicant must select the appropriate class based on their products or services.
6. Usage Status: Both existing logos and logos proposed for future use can be filed.

Note: Individuals, startups, proprietors, partnership firms, LLPs, and companies can apply without necessarily having a registered business.

Documents Required for Logo Trademark Registration in India

To apply for logo trademark registration, applicants generally need the following documents:

• Logo Image: Clear digital copy of the logo in JPEG or PNG format.
• Identity Proof: PAN card and Aadhaar card of the applicant or authorised signatory.
• Address Proof: Residential or registered business address proof.
• Business Registration Proof: Incorporation Certificate, Partnership Deed, Udyam Registration or GST Certificate, as applicable.
• Applicant Details: Full name, email address and mobile number.
• Proof of Logo Usage: Invoices, advertisements or other evidence of use, if claiming an earlier usage date.
• User Affidavit: Required when claiming prior use of the logo.

Authorisation Letter: Form TM-48 (Power of Attorney), if applying through a trademark agent or attorney.

Note: Business registration documents are not compulsory for every applicant. Additional documents may be required depending on the applicant category and usage claim.

Trademark Registration Process in India

Follow these steps to apply for logo trademark registration in India.

Step 1: Create a Distinctive Logo

Before submitting the application, it is imperative to ensure that your logo is sufficiently unique.

A logo that is generic, descriptive, or resembles another trademarked logo can be objected to or even refused.

Selecting a design that is representative of your brand and unique in comparison to other companies competing in the same or related industry can be helpful.

For instance, a unique logo design, along with unique lettering, may be more identifiable than a common logo shape and common business name.

Additionally, it is necessary to ensure that you own the logo.

If the logo was designed by someone else, then it is imperative that ownership of the intellectual property rights be transferred to your company.

Step 2: Conduct a Trademark Search

Next comes how to Check Logo Trademark Availability. This is done through a trademark search that enables you to find any conflicting marks.

You can conduct your search using the trademark search facility on the Intellectual Property India website.

When searching, remember to:

• Identify similar-looking logos and symbols.
• Identify identical or similar brand names found in your logo.
• Find any existing trademarks in the same categories of products or services as yours.
• Check for phonetic or conceptual similarity in case your logo includes words.

A search is important for your application, but not all applications are approved after a search due to similarity checks required.

You can access the official portal at https://ipindia.gov.in/ and navigate to the trademark public search service.

Step 3: Select the Correct Trademark Class

In India, trademark registration is based on the Nice Classification System, which divides the products and services into 45 classes. The first 34 Trademark Classes in India are reserved for goods, and the remaining 11 are for services.

It is dependent on what products or services your business offers, not on the design of your logo.

Examples include:

These are general examples, not a complete list of eligible goods or services. You should confirm the precise class and description before filing.

If your business operates in multiple sectors, you may need applications covering more than one class. Government Trademark Registration Fees generally apply separately for each mark and each class.

Step 4: Prepare the Required Documents

Before submitting the application, prepare the necessary information and documents for your application as per your category and usage.

Some of the common Documents Required for Logo Trademark Registration required are:

• Digital image of the logo.
• Name and address of the applicant.
• Information about the business where applicable.
• Goods or services for which the application is filed.
• Date of first use in case the logo is in use.
• Use evidence along with the user affidavit where necessary.
• Documents relating to start-up or small enterprise where fee concession is claimed.

Authorisation documents such as power of attorney in case of application through an authorised representative.

In case of a proposed-to-be-used application, the application should clearly indicate the same. Do not give a false usage date if you cannot back it up with proper evidence.

Step 5: File the Logo Trademark Application Online

After completing the initial verification, the applicant can file the trademark application through the official trademark e-filing website.

Application for registration of a trademark is made by filing of Form TM-A.

The procedure usually includes:

1. Visit to the official trademark e-filing website.
2. Filing of applicant particulars.
3. Choosing an appropriate mark and trademark class.
4. Filing of the logo image.
5. Filing of the description of the goods/services.
6. Giving information on the use of the mark and filing of necessary documents.
7. Payment of the required fee.

Carefully verify all data before filing the application, as mistakes in ownership details, trademark class, and use of the mark may cause problems during examination.

After filing, keep the application and acknowledgment numbers to track the progress.

Step 6: Respond to the Examination Report

Following submission of the application, the Trademark Registry will examine it to establish whether it meets the necessary legal requirements.

Objections may be raised by the examiner based on the distinctiveness of the mark, its similarity to another trademark, or any other legal reasons.

In case there are objections mentioned in the examination report, you might have to make a written statement explaining why your logo is acceptable. It is possible that evidence would play a role in proving the distinctiveness of the mark.

Your response must specifically deal with the objections and not give a general explanation. It might be beneficial to seek professional help when dealing with objections related to similarity or any legal objections.

Step 7: Publication in the Trademark Journal

The publication of the mark will appear in the Trade Marks Journal if the application is approved. The publication allows third parties a chance to challenge the registration.

According to the regular procedure for opposing registration, any interested party can file a notice of opposition to the registration within four months of the date of the advertisement.

In case of filing the opposition, the applicant should provide a counterstatement and take part in the prescribed proceedings. In case no opposition is filed within the prescribed period, or if the proceedings in the opposition are ruled in favor of the applicant, the application will move towards its registration according to the Registry requirements.

Step 8: Receive Your Trademark Registration Certificate

After the successful registration of the application, the Trademark Registry will issue a registration certificate.

Now you may use the registered mark symbol ® for the registered mark according to the law.

It is a common practice to use ™ as the mark for the trademark before its registration. It does not imply that the mark is registered.

A registered trademark is effective for ten years and can be renewed for more ten-year periods with the payment of the appropriate fee.

What Are the Government Fees for Logo Trademark Registration in India?

Government charges will vary based on applicant type, manner of filing, and class.

According to the fee structure laid down by the official Intellectual Property India website, the government filing charges for one mark in one class are:

These charges are payable per mark and per class. Charges for businesses filing the same logo in various Trademark Classes in India will be charged separately for each class.

The above charges are government charges, not the total professional charges. You might incur further charges for hiring a trademark expert or lawyer. Other charges might be incurred in case there are any objections or oppositions.

Always refer to the latest fee structure from the official Intellectual Property India website before payment.

Common Mistakes to Avoid During Logo Trademark Registration

Several errors might result in delayed registration or increased chances of refusal.

• Neglecting trademark search: Not identifying similar existing trademarks might result in objection or opposition.
• Using the wrong class: The application will protect the trademark only for the goods/services for which the application was made; thus wrong classification might reduce your protection.
• Providing poor quality images of the trademark logo: The image must be of high quality and accurately show the trademark you wish to register.
• Falsely claiming prior usage: If you have prior usage, you should be able to provide proof of that.
• Neglecting official notifications: Missing out on deadlines or objections can negatively impact the application process.
• Thinking that registration happens instantly: The application does not automatically mean that you got your trademark registered.

How Can PSR Compliance Help with Logo Trademark Registration?

PSR Compliance provides professional assistance throughout the logo Trademark Registration process, from initial trademark searches to application filing and status tracking.

Our team helps businesses with:

1. Logo Trademark Search: Checking existing trademarks to identify potential conflicts before filing.
2. Class Selection: Identifying the appropriate trademark class for your products or services.
3. Application Preparation: Organising applicant details, logo files and supporting documents.
4. Trademark Filing: Assisting with Form TM-A preparation and online application submission.
5. Objection Assistance: Providing guidance on examination objections and required responses.
6. Application Tracking: Monitoring application status and sharing updates on its progress.

Whether you are an individual, startup or established business, PSR Compliance helps simplify the registration process with professional guidance, transparent fees and documentation support.

Conclusion

Registration of your logo as a trademark in India is an essential step in protecting your brand identity. This entails coming up with a distinctive logo, determining its availability, choosing the correct class for your business, completing all the necessary documents, filing Form TM-A, and addressing all examination issues.

It is crucial that your business prepares well before submitting the application in order to avoid errors that could complicate the logo trademark registration process for Startups.

If you require any help with the logo trademark registration, contact PSR Compliance for guidance.

📲 Call: +91 8796104190
📧 Email: support@psrcompliance.com

Frequently Asked Questions

1. Can I register my company logo as a trademark in India?

Yes. One can file an application to register the distinctive logo as a device mark on the condition that it meets the required legal criteria and does not disqualify itself from registration.

2. What is the cost of Logo Trademark Registration in India?

The fee for e-filing the application with the Government is ₹4,500 per mark per class for eligible applicants who are individuals, startups, and small enterprises, and ₹9,000 for other applicants. Other professional and procedural Trademark Registration Fees might be applicable.

3. Which form is used for logo trademark registration?

TM-A Form is the one that should be used when filing an application to register an ordinary trademark, including the logo registered as a device mark.

4. How long does logo trademark registration take in India?

The exact duration depends on the examination process, any objections or hearings raised, and oppositions filed against the registration process. The registration cannot be assured in a fixed duration of time.

5. Should I register my logo and brand name separately?

Applying separately could be helpful because the logo application would cover only the logo and the word mark application would cover the brand name.

6. How long is a registered logo trademark valid?

The duration of a registered trademark is normally ten years and may be extended for further ten-year durations through the proper renewal process.

7. Can I use the ® symbol after filing my application?

No. It is only appropriate to use the ® sign after registering your trademark. It is common practice for applicants to use ™ when making claims on an unregistered trademark.