Is Logo Trademark in India Comprises Colour Pattern?

It is vital to have a logo Trademark or brand name in India that makes a business stand out among its opponents. A brand name, logo, or Trademark Registration has proved to be a profitable business in a plan. In contrast, it is possible to claim particular specific colours as aspects of a mark when filing an application of Trademark, as it’s not required and but it is advisable to do so. Typically, people wish not to register the brand name or Trademark with any particular colour as it keeps the Trademark protection broad. But, if the colour is a unique and vital aspect of the logo, then it should be registered with colour specifications.

How to Select Logo Trademark in India?

A logo is submitted for the Trademark Registration application should not be almost visually identical with forms of designs or shapes. Also, it should not be the same or duplicated from any other recognised designs or logos, which can cause uncertainty in the customer’s mind or create an incorrect impression of connection with the proposed brand. Hence, the distinctly designed mark or logo is essential for registration and creating a distinctive identity among others in the market.

The logo can be applied with the word mark or individually in various application. When the Trademark application includes a logo and word mark, the logo will comprise only a word mark within its design. In case the candidate desired to add any tagline in the logo or mark, the same should also add in a proposed word mark.

This is usually seen that the Trademark Registry can ask to pick between the logo and the word mark by a candidate in case of any differences. Hence, to prevent such outcomes, one should select between both; a better option is to comprise the word mark or the brand name in the designed logo Trademark in India. Combining the logo and the brand name^[1] will permit making an application in a sole online Trademark application.

Is it necessary for Logo Trademark in India to be colouring specific?

 Picking a colour pattern and designing a logo is not concerning filing a Trademark application unless it is similar to any other brands. It is vital to understand what colours are to be used and integrated into the single discretion of the applicants. To know whether one can apply the logo with a colour pattern or only in the B&W pattern. When a registered Trademark comprises various colours in the application, it means the brand owner is applying for a design with such specific colours. Hence, they should furnish a specific design with a colour pattern; therefore, they cannot change colours used in the logo afterwards and has to continue using the R or TM sign beside it. The rights become restricted if only to the applied colour pattern of the logo.

Colour Conditions in the Logo Trademark in India: When and Why?

When colour doesn’t create a unique feature, it is favoured that no colour specification or conditions should be furnished. The logo will be incorporated for all colours, which also broadens the protection cover. A particular colour logo is generally not the first Trademark that should be filed. It is better for the candidates to file the first Trademark without a word mark that permits the proprietor to use the logo trademark in any style or font.

The logo filing can be followed after a word mark is filed or can also file simultaneously with the word mark. If the logo is registered under a combination of certain colours or a particular colour. In that case, it gets registered exclusively under such colours only and may cause a problem in case of litigation to arise.

The majority of brands across the globe have the Trademark registered under two different applications, one is in colour, and one is in black & white. But, that can be expensive for the businesses at the first stage. The new and start-ups companies may primarily just file in black & white or apply for a logo in colour if that colour plays a vital role in attracting the clients; the companies such as Apple and Google, who primarily didn’t claim any colour for their Trademark.

Amend in Logo Trademark in India

Any amendment in the shape, design, or pattern of the logo will need a candidate to file a new Trademark application to safeguard the rights over the same. When it’s registered in a specific shape, the proprietor’s rights will be restricted to the filed application of Trademark. An application of Trademark cannot continue the rights over a logo or mark even with a minor variation; using R or TM symbol will be prohibited for a specific alter. Hence, while designing a logo, one should predict the forthcoming trends and request to decrease the chances of alter in a logo in the upcoming to abolish the extra cost for new application filing.

Some Example of Logo Trademark Comprising Colour

The Registry of Trademark has seen the matter where it furnishes that a subjective examination should be done for colour Trademarks. It highlights the fact that a colour which is to be able for registration have not been already registered. The primary aspect of registration will be that the owner has used the mark uniquely to inform the public with colour in a logo Trademark in India.

Conclusion

Suppose the logo Trademark Registration in India is done with the specifications of colour. An individual new application will be required to be made to gain extended protection as a Trademark cannot be altered once registered. In India, colour & colour schemes play an essential role in differentiating between products or services. India has varieties with different languages, and colour schemes become the well-known factor by which the products or services are often recognised. For example, some brands & products identified by colour, like Parachute Coconut Oil, are identified by its colour on the bottle, and the purple packaging identifies Cadbury.

Read our article:Infringement of Trademark: Viable Remedies in the Legal Language