How to Patent Logo in India?

Patent registration is done to protect an invention or a process. Since a logo does not fall under either of these categories, the best way (rather the only way) to protect your logo is to file a trademark registration for it.

Logo in a company is used as banners on visiting cards, I-Cards or any other marketing platform which will help target the audience and get familiar among that target audience as a product or service provider.

If it's your strategy is to protect your logo, know that your logo cannot attain patent or copyright protection. Patent protection can be secured for a novel invention or process, which has industrial application. A Copyright protection is done to protect any work which is creative or involves anything architectural, painting or anything like books.

Hence, the logo cannot attain copyright or patent protection under Indian law. 

Trademark Protection for your Logo

The best way to protect your logo is to file a trademark registration for it.

As trademark protection is provided to a business' brand assets such as a word, symbol, design or a combination thereof. A trademark should be distinctive enough for consumers to identify a particular product or service with a specific manufacturer or a service provider, differentiating it from those of others. 

Under Indian law, the marks are protected based on the use. If a logo is not meant to perform as a Trademark, that is, act as the source identifier of the goods, the such a registration will eventually be abandoned

Reason to Register Logo as Trademark

Following are the reason to register your Logo as a trademark:

  • Addition of Credibility to your brand

Trademark provides credibility to the business of the proprietor. As trademark symbol represents registration of the mark which will be unique to your logo and no other business owner can use the mark.

  • Helps in the long run

Registration of your logo provides you with the exclusive right to use the mark anywhere in the country for an extended period. Logo trademarks enhance the chances of gaining potential customers and investors.

  • Prevents the use by other Proprietors

Logo of your business is unique for your own brand; the proprietor has the first party right over the logo registered. Logo registration means that no other brand or company can copy the logo that will be the front of your company.

  • Adds Value to a business

Logo of any company is a visual cornerstone that helps in online branding. The logo is an indispensable part of branding/marketing that makes your brand memorable.

Also Read: Steps to Trademark a Symbol 

Bottom line

If any person is thinking of protecting their logo through patent protection, it's not possible.

Naturally, because patent protection is granted only to new inventions or inventions that are novel in nature.

So, the best route of attaining protection for your company logo through trademark protection.


Patent