The trademark protects the slogan, phrase, word, company name, logo or design that identifies the company and / or its goods. A logo registration is a symbol or design used by a company that may fall under trademark protection law. Many businesses prefer to apply for trademark protection on their logos. When allowed, the trademark prohibits others from using a specific or identical mark.
A logo registration in Bangalore is an easily recognizable graphic symbol that identifies a company, commercial product, or any public or private entity. It’s a way to differentiate a brand in a competitive world, full of graphic elements that try to grab our attention every day. Logos are usually a combination of typography, graphics / symbols and colours. It is a graphic element that is part of a brand’s visual identity.
Difference between logo and trademark
Many businesses wonder whether it is necessary to trademark the logo. Logo Registration in Bangalore is very important if your competitors have the same logo or design associated with their brand. Without a registered trademark, your company does not have the legal capacity to protect your design. Furthermore, if another business files the first application on their design, it is likely that they will receive trademark protection.
It’s hard to prove which company was using the logo before. The United States Patent and Trademark Office Fees (USPTO) generally uses the filing date and information in the application to determine who owns the logo. If you do not submit an application, you will miss the opportunity to use your own design.
The process of getting approval on a trademark application takes about 6-16 months. But in the meantime, your business can use logos on its content and products. Before using the logo, however, check the existing trademarks through the trademark electronic search system. Avoid using a logo that is similar to a trademark already.
You have two options for using the logo before you get trademark approval. First, you can put TM or SM on your logo. Can add symbols. These symbols do not have legal weight but work for the purpose, which is to tell your competitors on the design. The symbols also indicate your intention to file for trademark protection.
TM means trademark and S.M. You add a TM to the logo for a company that provides goods and products and an SM in the logo for a company providing services.
Because symbols are not legally required, your second option is to keep them away from your logo. But this comes with some risk. Without symbols, your competitors may not know that you plan to file a trademark application.
Understanding the scope of defence
When you file for a trademark, you usually submit the design or submit that you plan to use. If it’s just words, called standard character symbols, you can probably send it all in capital letters. But when it is approved, this trademark covers variations and forms. For example, if your business name has a small case in it, the design with the uppercase version of that letter comes under trademark protection. It applies to any colour, size or font used in the design.
However, a trademark on a design or logo registration only protects what you submit. If you change the logo completely, you will have to make a new application for that design.
Business owners want to file multiple applications for logo trademarks, including:
- Logo design in colours
- Logo design in black and white
- Standard character icon for word or sentence (text only)
- Filing multiple apps protects your logo in all its forms so you can use it for free.
It is also important to note that trademark registration in Bangalore protection prohibits another person or company from using the same mark which creates confusion among consumers. However, there is no security on real goods or services, so anyone can offer something like this under a different brand. Only a patent protects a particular product.
Common law trademark rights
Companies have little protection under trademark rights under common law. These rights are granted through regular commercial use of logos or other symbols. But if the mark in question infringes a trademark held by another person or business, the trademark rights hold over the trademark rights of common law.
Reasons not to use trademarks vs logos
There are several reasons why a business may choose not to trademark its logo. If your company logo registration is a standard character mark, the words must be accurate. General or broad terms do not qualify for trademark protection. An example of this could be a business called “The Barber Shop”. Without anything unique or exclusive, this company’s standard character mark will not qualify for the trademark.
But if “The Barber Shop” has submitted an application with a unique logo that contains words, that may be eligible for trademark protection. It should suffice with other similar logos that it does not infringe on existing trademarks. In this case, the trademark will not protect the name of the business. Instead, it will prohibit other barber shops from using the same or similar logos.
The business cannot file a trademark application because of the price for its logo, as filing an application is between $ 225 and 600. Smaller companies or start-ups may stop filing until funding becomes available. S.M. Or T.M. Using symbols can get some breathing room until the company has enough money to file for a trademark.
If you plan to change your logo in the near future, you can stop submitting a trademark application.
Some companies focus more on protecting the name of the business than the logo. You can register your company name in the state in which you do business. During that registration process, the Secretary of State searches for other registered business names to avoid duplication.
What happens when you don’t use trademarks vs logos?
If you choose not to trademark your company logo registration in bangalore, you will lose legal protection against anyone using your design. In the event that something similar is used in another business, you will not have many rights to protect your intellectual property. Trademarking your logo gives your company the exclusive right to use, manufacture, copy and profit from it.
Not trademarking the logo registration in Bangalore also puts your company at risk for someone applying for a trademark on something similar. If that application is approved, now violates their legal protection.
From a legal standpoint, the first company that uses the mark is the legal owner. But if you don’t file for defence, it’s hard to prove that you used this mark before. The court will recognize the person or company that previously filed the trademark application as a legitimate owner.