About This Service
Logo design in a legal context refers to creating a “Graphical Representation” that is eligible for trademark protection. As a CA/Consultant, our role is to ensure the design is not just aesthetically pleasing but also legally “distinctive.” A logo must not consist of common shapes, national symbols, or scandalous matter. From a trademark perspective, the “Best CA” ensures the logo is provided in specific resolutions and formats (like high-res JPEG/PNG) required by the Registry.
Eligibility & Criteria
- Legal Criteria: Must be unique; cannot be purely descriptive of the goods (e.g., a “Apple” logo for a company selling actual apples is descriptive and hard to register).
Critical Compliance Info
Deliverable to Client: Vector files (.AI, .EPS), high-res PNG, and a Copyright Transfer Agreement from the designer to the business owner to ensure the business truly owns the IP.
Penalties & Due Dates
| Offence | Legal Section | Penalty / Consequence |
|---|---|---|
| Infringement (Falsifying a Mark) | Section 103 | Imprisonment (6 months to 3 years) + Fine (₹50,000 to ₹2,00,000) |
| Selling Counterfeit Goods | Section 104 | Imprisonment (6 months to 3 years) + Fine (₹50,000 to ₹2,00,000) |
| False Representation as Registered | Section 107 | Imprisonment up to 3 years and/or Fine |
| Failure to Renew | Section 25 | Removal of the mark from the Register (loss of all legal rights) |
| Non-Reply to Objection | Rules | Abandonment of the application and loss of the government fee |
