How to copyright a Logo or a Name in India?

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How to copyright a Logo or a Name in India?

In India, the copyright can be protected with either copyright registration or trademark registration, while only the trademark registration is to be obtained for the name. We will understand different sets of steps for securing copyright and trademark registration through this article.

Logo/Name of a Brand

The name and logo associated with the products or services are the faces through which they are known in the market. The market value of big brands like Apple, Nike, Pepsi, maggie, and levies is hidden from nobody. Their logo or brand name is enough to magnetize people and create consumer trust. The increasing importance of brand value makes more and more people seek protection for their unique brand name or logo. However, there is still a lot of confusion about the kind of protection to be sought out of the three options. People often question how to copyright a logo and name in India. This question conveys confusion. Thus, to gain a better understanding, this article will discuss the kind of IPR to be sought and the registration process.

What needs to be understood about Copyright Registration?

Let us first clear the biggest misconception that names and logos can be protected with copyright registration. In India, the brand name uniquely identifying the products and services of one person and distinguishing it from others can be covered under the Trademark Act. Thus, copyright registration cannot be sought to protect the name. But, the logo can be protected under both the trademark and copyright. The copyright registration for the logo can only be obtained if it is artistic in Nature and possess some unique creation.

Steps for Trademark Registration

First, we will understand the procedure of obtaining trademark registration in India for the brand name or the logo. Here are the steps involved in the following procedure:

Conduct Trademark Search

The first step is to perform the trademark search and ensure that your name or logo is available. A name is available when a similar word or symbol does not exist.

Draft the Application

Once the trademark search is completed, the application for trademark registration shall be filed with the department containing the details of the applicant and the applied trademark.

Mandatory Waiting and Assessment Period

After the application is made, there is a compulsory wait for one month to receive the objections from the department's side in case of any discrepancy. If no complaint is received, the application will be forwarded further for publication in Journal. While if the objection is received, the reply must be filed within one month.

Trademark Publication in Journal

Once the department accepts the application, it will be processed further for publication in the trademark journal for four months. During this period, the third-party opposition will be invited.

Trademark Registration

If no opposition is received within the stipulated period, trademark registration in India will be granted for the proposed trademark.

Steps for Copyright Registration

How to copyright a Logo?

In the same way, you can make an application for logo protection under trademark laws. However, if your logo possesses some artistic features, you can obtain copyright registration for it. However, one crucial thing to be noted here is that for getting the copyright registration getting the trademark registration for the proposed logo, is mandatory. After getting the trademark registration, you can follow the below-mentioned steps to obtain the logo copyright registration:

Conduct a Copyright Search

First, the logo's design shall be presented in word documents or stored in other tangible mediums. Further, a free copyright search must be conducted to check the presence of the existing copyrights in respect of the logo.

Draft the Registration Application

The application for copyright registration shall be filed with the department along with the prescribed fee and required details. After the application's successful submission, a diary number will be issued for the same.

Minimum 30 days Waiting Period

The creations will remain with the copyright department for 30 days to receive objections.

Examiner Check

 In case of no objection, the application is further forwarded to the examiner.

Final Examination

If no discrepancy is found till that stage, the copyright registration will be approved.

Certification of Registration

Once the application is approved, the certificate of tyright registration is granted.

In any case, you must obtain trademark registration in India for both the logo and name. But if you believe your logo consists of some unique creation, make sure to protect it with copyright registration in India.

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