Filing Trademark for Logo & Name of an Enterprise
I run a shop as its sole proprietor in Delhi. The logo of the shop is the name of the shop. I was thinking of expanding my business by opening a few more branches. My lawyer advised me to register the name of the shop as a trademark. Can I file a trademark for the both the logo used in the hoarding of the shop as well as the name of the shop?
As per the Trade Marks Act, 1999, a trade mark can be obtained for any mark by registration. The term ‘mark’ has been defined under Section 2(m) of the Act and includes a ‘device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.’ Hence trademark can be obtained for both, the name of your shop as well as the logo. Further Section 18 of the Act, provides for the process of application for registration of the Trademark. An application has to be made in writing to the Registrar in the prescribed manner. One single application for registration of trade mark may be made for different classes of goods and services. Such an application for registration has to be made to the Trade -Mark Registry within the territorial limits of which your shop is located. Such registration must also include your name, address and description of the business.
You can file trademark either for the brand name alone or both name + logo. Trademark processing will be easier for the logo than the brand name alone. But if you feel your brand name is a unique invented word, you may file for the brand name alone. If your brand name is a common name try filing it along with the logo.