Logo Registration in Salem
Before finalizing the company logo, one should register the same to protect it from use by other companies. Process of registering a Trade Mark involves the following steps:
Ø Filing of Trade Mark
o Filling of Trade Mark Application with the logo or word mark (as may be applicable), along with the applicants’ particulars, including his address (in case of a company, the registered address of the company)
Meet the objections raised in the examination report by the Registrar before the orders for publication in the Trade Mark Journal. Additional evidence is required at the time of examination of the mark and prior to its publication in the Trade Mark Journal to prove distinctive of the mark.
Documents/Information to Prove Distinctive
· The extent of advertisement with a few sample copies of advertising material and brochures;
· The quantum of usage with a few invoices and sale under the Trade name;
· The extent of use of the mark in respect of time and area;
· A brief write-up on the importance attached to the trade mark in particular;
· The date of commencement of the use of the mark;
After the advertisement of the Mark in the Journal, it is open for the general public to file their objections to the grant of such trademark registration services.
(b) In case No Objection Is Raised By Public
If no objection is raised by the general public, the Registrar may thereafter pass an order for registration of the Trade Mark and shall provide a certificate of registration of the mark.
(c) In case Objection Raised By Public
If there is an objection is raised by the general public, then one is required to file the reply to the objection and thereafter adduce evidence with respect to the mark and finally argue the matter in support of his case.
The Trademarks Act provides that any person who falsifies any Trademark or falsely applies to goods any trademarks or makes, disposes or has in his possession, any dies, block, machine, plate or other instrument for the purpose of falsifying a Trademark shall, unless he proves that he acted without intent to defraud, be punishable with imprisonment or fine with both.
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