The application for ‘wordmark’ registration has been approved by the registrar of trademarks. The Institution of Chartered Accountants of India (ICAI) filed this application for the registration of its new logo – “CA INDIA” for establishing fraternity and nationality among chartered accountant professionals.
Earlier, the objection was raised against the new logo/wordmark for Chartered Accountants (CA India) by the registrar.
Reference of Section 9 of the Trade Marks Act, 1999 was given for the objection by the examiner. The reasons stated that there is no distinction and description of the applicable services.
Considering the examination report and objection raised, the Institute of Chartered Accountants of India (ICAI) submitted the response stating the following facts:
The ICAI has created a new CA Logo to celebrate the 75th year of India’s Independence and the Institute. The new logo is based on the CA Logo is being used in the present, which is already registered under the Trademarks Act, of 1999, but it includes certain variations.
The new CA Logo features the National Tricolors of India (Saffron, White, and Green) along with the word “India.” The Government of India has permitted the use of the National Tricolors under the Emblems and Names (Prevention Of Improper Use) Act, 1950.
The design of the new logo captures the dynamism of the accounting profession in modern times. It represents the current beliefs, attitudes, and values of Indian Chartered Accountants worldwide, aiming to enhance their identity.
The new CA Logo consists of the letters “CA” with two upside-down tick marks arranged in the Tricolor pattern, accompanied by the word “INDIA” on a white background. The Applicant, ICAI, claims that they have artistically created and adopted this logo, building upon their previously registered trademarks.
ICAI stated in their response to the examination report that due to the long-standing, extensive, and uninterrupted use and reputation of their earlier trademarks, the public will associate the new logo exclusively with them. They argue that the logo is distinct and not descriptive, making them the rightful owner of the mark.
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The Institute, acknowledging its significant historical significance, stated that the trademark “CA” is widely known to the public as a representation of the identity of members belonging to the Institute of Chartered Accountants of India (ICAI).
The trademark “CA” possesses its unique character, clearly indicating that the user is a Chartered Accountant. Consequently, the general public has come to associate this trademark exclusively with the Applicant (ICAI), its members, and the Chartered Accountants’ profession, as added by the ICAI.
On December 14, 2023, the application submitted on September 20, 2023, was accepted.
The trademark has now received approval to be published in the Trade Marks Journal as an accepted trademark. It will be made available to the public through the trademarks journal, also allowing them to raise any objections if they think otherwise.
Once the trademark is accepted and published in the TM Journal, it becomes eligible for registration if no one objects within four months from the publication date, the registration certificate will be issued automatically through the TM system.
The registration certificate will be issued automatically if there are no objections filed within the given timeframe, or if the applicant hasn’t requested the Registrar of Trade Marks to withdraw the application.
Once registered, the trademark remains valid for 10 years. It can be renewed indefinitely every 10 years by submitting the prescribed fee on the designated form.
