Trademark Registration for Motion Mark

1. Trademark Search – Check if someone else already has a similar motion mark.
2. Prepare Representation – Submit either a video file or a series of still images that show the full movement.
3. File Application – Apply under the Trade Marks Act, 1999, in the correct class of goods or services.
4. Examination – The Trademark Office checks if the motion mark is new and follows the rules.
5. Reply to Objections – If the office raises any issues, you may need to reply or attend a hearing.
6. Publication – If accepted, it will be published in the Trademark Journal for public notice.
7. Registration – If no one opposes it, or opposition is resolved, you get your certificate of registration.

Benefits of Registering a Motion Mark

1. Exclusive Rights – Only you can use the motion mark for your business.
2. Legal Protection – Easy to take legal action against misuse.
3. Boosts Brand Value – Increases trust and recall among customers.
4. International Reach – Can be protected outside India, too.
5. Long-Term Asset – Can be sold, licensed or franchised.
6. Customer Confidence – Customers trust registered brands more.
7. Attractive in Digital Media – With social media marketing growing, animated logos and moving visuals are more engaging.
8. Competitive Advantage – Few companies in India use motion marks, so registering early gives your brand a strong edge.

Example: Pixar’s lamp animation before movies or the animated Warner Bros. shield are motion marks that have been carefully protected. These small sequences become part of the brand identity and cannot be copied.

Common Mistakes to Avoid

When applying for a motion mark, many people make errors that cause rejection or delay. Here are the main ones to avoid:

1. Unclear Animation – If the video or images are not clear, the office may reject it. The animation should be shown properly.
2. Skipping the Search – Many businesses don’t check if a similar mark exists. This leads to objections later.
3. Too Simple or Common – If the animation is very basic (like a circle rotating), it won’t be accepted. It has to be unique.
4. Wrong Class Selection – Filing under the wrong goods/service class weakens your application.
5. Ignoring Office Notices – Not replying to objections or opposition often leads to rejection.
6. DIY Approach – Filing without expert help in case of motion marks can be risky, since these are technical and new in India.

Tips for Businesses Planning a Motion Mark

• Keep it Short – A motion mark should ideally be only a few seconds long. Long animations are harder to register and harder for customers to remember.
• Focus on Uniqueness – Avoid generic movements like simple fades or rotations. Add a distinctive element that only your brand uses.
• Stay Consistent – Use the same animation across your products, advertisements, and digital platforms. This builds strong recognition.
• Use Sound Carefully – If your motion mark also has sound (like Intel’s “ding” with animation), you may need separate registration for the sound element.
• Think Global – If your business is international or planning to expand, design a motion mark that appeals across cultures.
• Protect Related Assets – Along with the motion mark, protect your static logo, tagline, and even colours, so your whole brand identity is secure.
• Take Professional Help – Since motion marks are still rare in India, legal expert help ensures smooth filing and fewer chances of rejection.

Renewal of Motion Marks

A motion mark, once registered, is valid for 10 years from the date of filing. But the good news is, it can be renewed again and again for another 10 years each time. This means your motion mark can stay protected forever, as long as you renew it on time.

The renewal process is simple:

• File a renewal application (Form TM-R) before expiry.
• Pay the renewal fee.
• If you miss the deadline, you get a grace period with an additional fee.

Renewal is very important because if you forget, your motion mark will be removed from the register, and others may copy it. Many businesses lose rights because they ignore this simple step. By keeping your registration active, your brand identity stays safe for life.

International Protection of Motion Marks

If you plan to take your brand outside India, you can register your motion mark internationally. The most common way is through the Madrid Protocol under WIPO. With one application, you can seek protection in multiple countries.

Steps for international trademark filing:

1. Register or file in India first.
2. Apply through the Madrid Protocol for the countries where you want protection.
3. Each country will examine the application as per its rules.

This is useful for businesses in entertainment, IT, e-commerce, and digital platforms, where customers are global. For example, Netflix’s animation is protected worldwide because it operates across different countries.

Why Choose Us?

We know that registering a motion mark is more difficult than registering a normal logo. It requires detailed knowledge of law and correct representation of your animation. Our team helps you at every step—

• We do a proper search to avoid conflicts.
• We prepare and file the correct video or image sequence.
• We handle replies to objections and oppositions.
• We track your application and keep you updated.
• We also help you expand protection to other countries.

With our support, you can focus on building your brand, while we make sure your motion mark is legally safe.