In India Copyright can be protected by either Copyright Registration or Trademark Registration process. There are different sets of steps which are required to be followed for obtaining the Trademark and Copyright Registration which we will discuss in the course of this blog.
By obtaining Copyright Registration and Trademark registration Brand value of a product is being protected. How to copyright a logo is itself confusing among the consumers.
Let us first clear the biggest misconception that logo and names can be protected with the copyright registration. Although the Brand name and a logo can be registered under a Trademark Act. therefore Copyright Registration cannot be sought or done with the Name of the Brand, but the logo can be done or protected under both Copyright and a Trademark, since it comes under Artistic work and therefore it can be protected under both Copyright and Trademark.
Let us discuss the procedure of obtaining the Trademark registration in India for the Brand name and the logo. Here are the steps which are involved in this procedure-
- Firstly we do Free Trademark search of the Brand name to check that whether that brand name name is available or not. A name is available when a similar name or logo is not already registered.
- Then Application is to be made by our professionals for the Trademark Registration and shall be filed with the department.
- The there is mandatory waiting of 30 days in which in case of any discrepancies objections can be raised from the registry side.
- Then once the Application is accepted by the registry the it will be published in the Journal for a total period of 4 months. During this period the third party opposition will be invited.
- Then finally Trademark Registration is being done by the Registry if there is no Opposition from the third party.
In the same way you can make application for the protection of the logo under Trademark laws. After getting Trademark registration following steps has to be taken for Copyright Registration of the Logo. for Copyright registration following steps has to be taken:-
- Firstly Copyright search has be conducted.
- Then Application is to be made for Copyright Registration.
- The same 30 days mandatory wait is to be done for objections to come from the Registry.
- In case no objection the application is further forwarded to the examiner.
- If no discrepancy is found then registration of copyright is approved.
- Finally certification of registration of Copyright is granted to the Applicant.
Conclusion
In any case you are required to obtain the Trademark registration in India for both the logo and the name. But of you believe that your logo consist of some unique creation make sure to protect it with Copyright Registration in India.