The Registrar of Trademarks has accepted the ‘wordmark’ registration application, filed by the Institute of Chartered Accountants of India (ICAI) for registering its new logo for the professional fraternity of Chartered Accountants (CAs), bearing the nationality within – “CA INDIA”.
New CA India Logo
Earlier, the new Logo/wordmark for Chartered Accountants (CA India) unveiled by the Institute of Chartered Accountants of India (ICAI) was under objection raised by the Registrar.
Read More: New “CA India” Logo under Objection, ICMA Logo Accepted by Trademarks Authority
The Examiner had raised an objection under Section 9 of the Trade Marks Act, 1999 on the grounds that the subject mark is non-distinctive and descriptive of the applied services.
In reply to the Examination Report and objection, the Institute of Chartered Accountants of India (ICAI) submitted the following: –
To cherish and commemorate the 75th years of Independence of India and the Institute, the ICAI has designed a new vibrant CA Logo with certain variations in the existing CA Logo which is already registered under the Trademarks Act, 1999.
The new CA Logo additionally contains the National Tricolors i.e. Saffron, White and Green along with the word India for which the Government of India has already granted its permission under the Emblems and Names (Prevention Of Improper Use) Act, 1950.
The new logo has been artistically designed to display the dynamism of the profession in modern times. Encapsulating the current beliefs, attitudes and values of the profession, the new logo seeks to enhance the identity of the Indian Chartered Accountants across the Globe.
The new CA logo consists of the letters ‘CA’ with two tick marks (upside down) set out in Tricolor with the word ‘INDIA’ with white background. It is humbly submitted that the Applicant artistically devised and adopted the subject logo mark. An extension of their aforesaid earlier trade marks ‘CA’.
Old CA LOGO
“Thus, by virtue of the long-standing, extensive and uninterrupted use and reputation of the aforesaid earlier trade marks, the relevant public shall associate the subject logo mark , which is an extension of the aforesaid marks, also exclusively with the Applicant. Thus, Applicant is the rightful owner of the subject mark and the same is capable of distinguishing the Applicant’s services from those of others. Hence, the subject mark cannot be regarded as being descriptive in nature”, ICAI stated in the reply furnished to the examination report.
The Institute, embracing the glorious history it represents, further stated that, It is submitted that the Trade Mark CA is a well known Trade Mark to the public as to refer to the identity of the members of the Institute of Chartered Accountants of India (ICAI).
The Trade Mark ‘CA’ has a distinctive character of its own as it communicates the fact that the person using this abbreviation is a Chartered Accountant. Accordingly, the general public have come to associate the said trade mark exclusively with the Applicant and its members and also that of the profession of Chartered Accountants, the ICAI added.
As on 14th December, 2023, the application dated September 20, 2023, is accepted.
Now, the trademark has been given the green light to be published in the Trade Marks Journal as accepted. The same will be published in the trade marks journal, allowing the public to raise objections against the same.
After the acceptance of the mark, the trademark is published in TM Journal. If no opposition is filed within four months from the date of publication of the trademark, the published trademark becomes eligible for registration. The issuance of registration certificates is done through an automated TM system.
The certificate gets automatically issued if no opposition is filed within the prescribed period or where the application has not already been withdrawn by the Registrar of Trade Marks at the request of the applicant.
The Trade Mark once registered is valid for 10 years. The same can be renewed after every 10
years for an indefinite period by paying the prescribed fee on the prescribed form.
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