Key Point: In Indian trademark law, a logo is registered as a “device mark” — a mark that consists of or contains a visual design element. You can register a logo alone, a logo with text, or a combination mark. Each version of your logo (with and without text) can be registered separately for maximum protection.
File Your Logo Trademark Online: Device mark applications are filed on the same Form TM-A as word marks, through the IP India — CGPDTM official portal (ipindia.gov.in). Upload your logo in JPEG or PNG format during the application.
Your logo is often the most immediately recognisable element of your brand. Before your customers remember your company name, they recognise your logo. Yet many businesses only register their brand name as a trademark and leave the logo unprotected — allowing competitors to copy the visual identity they have spent years building.
This guide covers everything you need to know about trademarking a logo in India: what qualifies as a registrable device mark, what the filing process looks like, what documents you need, and the design choices that affect your trademark’s strength. For the broader registration process, see: How to Register a Trademark in India.
What Is a “Device Mark” in Indian Trademark Law?
Under the Trade Marks Act 1999, a trademark can be a word, a device (image), a combination of both, a shape, a colour, a sound, or any other sign that distinguishes your goods/services. A device mark is any trademark that includes a visual or graphical element — such as a logo, illustration, emblem, geometric design, or stylised text.
Device marks are registered in black and white by default. This means your registration covers the shape and design of the logo regardless of the specific colours used. If you want to claim exclusive rights to a specific colour combination as part of your mark, you can file the mark in colour and specifically claim those colours — though this narrows the scope of protection.
What Logos Can (and Cannot) Be Trademarked?
Generally Registrable
- Distinctive original logos or illustrations
- Stylised text (unique font/treatment of your brand name)
- Combination marks (logo + brand name together)
- Abstract geometric designs with no obvious meaning
- Logos that have acquired distinctiveness through long use
- Device marks with unique colour combinations (if claimed)
Generally Not Registrable
- Simple geometric shapes (plain circle, square, triangle alone)
- Common symbols or universally used icons (a basic star, tick mark)
- National emblems, government seals, flags (prohibited)
- Religious symbols that may cause offence
- Logos that are deceptively similar to existing registered marks
- Purely descriptive images (e.g., a carrot icon for a carrot seller)
Tip: The more distinctive and original your logo design, the easier it is to register and the stronger the protection. An entirely custom-designed logo created by a professional designer typically faces fewer registration hurdles than a stock icon with text added to it.
Should You Register the Word Mark, Device Mark, or Both?
| Type | What It Covers | Best For |
|---|---|---|
| Word Mark | The brand name in plain text, regardless of font or styling | Broadest protection for your name across all visual presentations |
| Device Mark (logo only) | The visual design of the logo regardless of text | When your logo is used independently without the brand name |
| Combination Mark (logo + text) | The specific logo with the specific text together | When your brand is always shown as a combined logo+name unit |
| All Three | Name, logo, and combined mark separately | Maximum protection for an established brand |
For most businesses, the recommended approach is to register both the word mark and the device mark separately. The word mark protects your brand name regardless of how it is styled. The device mark protects the logo design. Together, they cover all the ways competitors could copy or imitate your brand identity.
Each mark is a separate application and a separate government fee. For cost details: Trademark Registration Fees in India (2026).
Documents Required to Trademark a Logo
- Logo image file — a clear JPG/PNG image of the logo, sized to fit the space in the application form (about 8 cm × 8 cm). The image must be clear and sharp. If filing in colour, use the exact colour version of the logo you want to protect.
- Applicant identity proof — PAN card or Aadhaar card (for individuals); Certificate of Incorporation or LLP agreement (for companies)
- Address proof — utility bill, rental agreement, or any government-issued address document
- DPIIT / Udyam certificate — if claiming the concessional government fee as a startup or MSME
- Power of Attorney (Form TM-48) — if filing through a registered trademark agent (the agent files on your behalf)
- Prior use evidence (optional but helpful) — if your logo has been in use, invoices, packaging, advertisements, or website screenshots showing use from the earliest date can strengthen your application
How to File: Step-by-Step
- Prepare Your Logo File — Ensure your logo is a clear JPG/PNG image that fits the form's space (about 8 cm × 8 cm). Decide whether to file in black and white (broader protection) or colour (narrower but specific colour protection). Most trademark agents recommend filing in black and white for the widest coverage.
- Conduct a Trademark Search — Search the IP India portal for similar device marks in your target class. Unlike word marks (which can be searched by text), searching device marks requires visual inspection of existing marks. A trademark agent with access to professional search tools is essential for a thorough device mark search. Guide: How to Do a Trademark Search in India.
- Identify the Vienna Classification — Device marks are classified under the Vienna Classification — an international system that categorises figurative elements of logos (e.g., animals, geometric shapes, human figures). Your agent assigns the correct Vienna codes when preparing the application. This is separate from the Nice Class for goods/services.
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Choose the Right Trademark Classes — Select the Nice Classification class(es) for your goods/services — the same as for a word mark. Your logo needs to be registered in the classes where you use or intend to use it. Guide: All 45 Trademark Classes in India.
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File Form TM-A with Logo Upload — Fill in Form TM-A on the IP India e-filing portal. In the “Mark Description” field, describe your logo (e.g., “The mark consists of a stylised representation of an owl with the word HOOTNOTES in block letters below”). Upload the logo image file. Pay the government fee and submit.
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Monitor and Respond to Any Objections — Device marks can attract Section 9 objections (non-distinctive design) or Section 11 objections (similar to existing device marks). If an objection is raised, your agent files a reply demonstrating the distinctiveness and differentiators of your logo design.
Filing in Colour vs. Black and White — Which Is Better?
| Filing Mode | Protection Scope | Recommended When |
|---|---|---|
| Black and White | Protects the design in ALL colours — broadest scope | Most cases; when colour is not a core identifier of your brand |
| Colour | Protects the design in those specific claimed colours only | When specific colours are a key part of your identity (for example, a signature brand colour) |
| Both (separate applications) | Full coverage — design in all colours + specific colour version | Established brands where colour is a recognised trademark element |
Best Practice: For most new and growing businesses, file your logo in black and white. This protects the design regardless of the colour palette used. If you later recolour your logo, your trademark still covers it. Filing in colour limits protection to those exact colours — any variation falls outside the registered mark.
Logo Trademark + Copyright: Double Protection
A logo can — and should — be protected by both trademark registration and copyright simultaneously. They protect different aspects:
- Trademark protects the logo as a brand identifier in commerce — preventing others from using a similar logo in your industry
- Copyright protects the artistic design of the logo as a creative work — preventing direct copying of the artwork
Copyright in a logo arises automatically on creation (no registration required), but registering copyright with the Copyright Office creates a public record and strengthens enforcement. For the full comparison: Trademark vs Copyright vs Patent in India.
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Frequently Asked Questions
Can I trademark a logo that includes a common word like my city name?
If the word component of your logo is descriptive or geographical (e.g., “Mumbai Bakers”), the Registry may require you to disclaim exclusive rights to that word element while still registering the overall logo. The disclaimer means other businesses can use the words, but not your specific logo design. This is common and does not significantly reduce the practical value of the registration.
If I update my logo, do I need to re-register?
Minor changes to a logo (colour, size, slight styling) are generally covered by the existing registration if the overall impression of the mark remains the same. However, substantial design changes — a completely new icon, new layout, or new visual concept — should be registered as a new device mark. You can keep the old registration alive while adding a new one for the updated logo.
Who owns the trademark rights to a logo designed by a freelancer or agency?
Copyright in a logo created by a freelancer or design agency belongs to the creator by default under Indian copyright law, unless there is a written agreement assigning copyright to the client. Before filing a trademark application for a logo you commissioned, ensure you have a written copyright assignment from the designer. Without it, the designer technically owns the copyright to the artwork, which could complicate trademark enforcement.
Can I register a logo that contains text in a foreign language?
Yes. Trademarks in foreign languages (including non-Latin scripts — Hindi, Gujarati, Tamil, etc.) can be registered in India. If the foreign text has a meaning in English, you should disclose the translation in the application. The Examiner checks whether the meaning of the foreign word creates any absolute grounds for objection (e.g., if it is descriptive of the goods in the language of the consumers).
Can a startup or small business trademark a logo affordably?
Yes. The government fee is ₹4,500 per class (online) for individuals, startups with DPIIT registration, and MSMEs. With our professional fee starting at ₹5,249, the total cost for a startup to trademark a logo in one class starts at about ₹9,749. See: Trademark Registration for Small Business and Startups India.
This article is for general information only and is not legal or tax advice. Rules and fees change; check the latest position or talk to our team before acting.