Logo Design with Trademark-Ready Checks
A logo is only useful if you can own it. We design an original logo for your business, check it against the Trade Marks Registry before you finalise it, and hand over full copyright in a written assignment, so you can file for a trade mark the same week.
What it is
This is logo design done with the law in mind. Most logo jobs end when the client likes the design. Ours ends when the logo is cleared against existing marks and legally yours.
Two laws matter here. Under the Copyright Act, 1957 a logo is an artistic work, and the designer owns it first unless the rights are assigned in writing. Under the Trade Marks Act, 1999 the Registrar can refuse a mark that is not distinctive (Section 9) or that is similar to an earlier mark for similar goods or services (Section 11). We design around both, so your logo can be filed on the IP India portal without surprises.
Who it applies to
New companies and startups
You have just registered the business and need a logo for the website, invoices, packaging and social media, without rebranding a year later because of a clash.
Online sellers and D2C brands
Marketplaces ask for brand proof. In practice that means a trade mark application, and a cleared logo lets you file straight away.
Established firms rebranding
Picture a Faridabad family business whose logo was drawn by the local print shop twenty years ago. Nobody signed anything. A fresh, documented logo fixes that.
Why it matters
You actually own it
Here is the catch: paying for a logo does not transfer copyright. Without a signed assignment, the designer stays the legal owner.
It can be registered
A distinctive logo that does not clash with earlier marks has a far better chance of clearing examination at the Trade Marks Registry.
No forced rebrand
A Gurugram snack brand that gets a legal notice after printing a full run of pouches has to scrap stock, not just artwork. Clearing the logo first avoids that.
Who owns the logo?
Section 17 of the Copyright Act makes the author the first owner of an artistic work. There are exceptions, for instance work made by an employee in the course of employment belongs to the employer. A logo made by an outside designer does not fall in those exceptions, so the business owns it only through an assignment.
Section 19 requires the assignment to be in writing and signed by the assignor. The details matter:
| If the assignment does not say… | The law fills the gap with… |
|---|---|
| How long it lasts | Five years only (Section 19(5)) |
| Which territory it covers | India only (Section 19(6)) |
| That unused rights do not lapse | Rights not exercised within one year are deemed to lapse (Section 19(4)) |
Our assignment deed covers the full term of copyright, worldwide, for all uses. You receive it signed along with the final files.
Documents required
About your business
- Brand name exactly as you will use it
- Legal name of the owner (person, firm, LLP or company)
- What you sell and to whom
Your design brief
- Colours, styles or fonts you like or dislike
- Where the logo will appear: packaging, app icon, signboard
- Any existing logo or artwork we should replace
For the trade mark filing
- PAN and address proof of the applicant
- Udyam or DPIIT certificate, for the lower fee
- Date of first use, if the brand is already in use
How it works
Understand the brand
We talk through your business, customers and the classes of goods or services you will trade in. That shapes both the design and the later filing.
Design original concepts
Our designer draws concepts from scratch. We do not build your mark from stock icons or templates that anyone else can license too.
Search before you choose
Before you pick a final design, we run a trademark search on IP India by word, sound and device in your classes, and flag any risky look-alikes.
Refine and finalise
You give feedback, we refine, and you approve the final logo with its colour and black-and-white versions.
Sign over the copyright
We hand over the final files and a signed copyright assignment in your business’s name.
File the trade mark
If you want, we handle the trade mark application for your logo in Form TM-A on the IP India portal. You can use the ™ symbol from then on.
Timelines
Design rounds
The number of concepts and revision rounds is agreed in writing at the start, so you know exactly what you are getting.
Trade mark application
Once Form TM-A is e-filed, the application number is generated on the portal. Registration, when granted, counts from the date of application under Section 23.
Opposition window
After the mark is advertised in the Trade Marks Journal, anyone may oppose it within four months. That is why the search comes first.
What happens if you skip the checks
Objection or refusal
The examiner can object under Section 9 for lack of distinctiveness or under Section 11 for similarity to an earlier mark.
Infringement claim
The owner of a similar earlier mark can send a legal notice and sue, forcing you to stop using the logo.
Ownership dispute
Without a written assignment the designer still owns the copyright and can object, even after you have paid for the work.
Frequently asked questions
Who owns the copyright in a logo I paid a designer for?
The designer owns it unless the copyright is assigned to you in writing. Section 17 of the Copyright Act makes the author the first owner, and paying an invoice does not change that. Section 19 requires a written assignment signed by the designer. Every logo we deliver comes with a signed assignment in your business’s name, so ownership is settled from day one.
What should a logo copyright assignment say?
It should name the work, the parties, the rights assigned, the duration and the territory. If the duration is missing, Section 19(5) limits it to five years. If the territory is missing, Section 19(6) limits it to India. Our deed assigns all rights for the full term of copyright, worldwide, so none of these default limits apply to your logo.
What makes a logo trademark-ready?
A trademark-ready logo is distinctive and does not clash with earlier marks in your classes. Section 9 of the Trade Marks Act lets the Registrar refuse marks that lack distinctive character, and Section 11 covers marks similar to earlier ones. We avoid plain descriptive words and common symbols for your trade, and we search IP India before you choose, so the filing starts with fewer risks.
Do you check the logo against existing trade marks?
Yes, before you finalise. We search the IP India records by word, phonetic similarity and device, in the classes you will use. Logos are coded under the Vienna Classification of figurative elements, which helps us find look-alikes. If a design looks risky, we change it before you invest in it, so the trade mark application is not your first test.
What is the government fee to register a logo as a trade mark?
Form TM-A costs ₹4,500 per class on e-filing for an individual, startup or small enterprise, and ₹9,000 per class for others. Paper filing costs ₹5,000 and ₹10,000. Most businesses need one or two classes. Once registered, the mark is valid for 10 years and can be renewed every 10 years, so the fee covers a long stretch.
Should I register the logo under copyright as well?
It helps if the artwork itself is valuable to you. Copyright registration of a logo used on goods or services costs ₹2,000 per work, and the proviso to Section 45 requires a search certificate from the Trade Marks Registry in Form TM-C, which costs ₹9,000 on e-filing. Most small businesses start with the trade mark and add copyright registration later, and that order works fine.
Can I use the ® symbol after you design the logo?
No, the ® symbol is only for a registered trade mark. Using it before registration is falsely representing a mark as registered, an offence under Section 107 of the Trade Marks Act. You can use ™ as soon as you adopt the mark or file the application. Once the registration certificate is issued, switch to ® on your packaging and website.
Will my logo be original?
Yes. Our designer creates every concept from scratch for your brand, without stock icons, clip art or resold templates. Originality is what lets you claim copyright and gives the trade mark a better chance in examination. We also keep the working drafts with dates. That record helps if anyone ever questions who created the logo or when it was made.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Government fees apply only if you file: ₹4,500 or ₹9,000 per class for a trade mark (e-filing), and ₹2,000 plus ₹9,000 for the TM-C certificate if you also go for copyright registration of the artwork.
Ready to begin?
Tell us your brand name and what you sell. We will design a logo you own outright and can register.