A logo is a symbol made up of text and images that identifies a business. The logo may be a design by itself, a design with letters or words, or a design consisting simply of stylized words or letters. Your customers recognize your brand by your logo so protecting it means protecting your business identity.
Your logo represents goodwill of your business so, it is very important to the point of view of your business. Hence, you need to make sure comprehensive protection for your logo so that you can derive long-term benefit.
Generally, logos are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights. Trademarks and copyrights are two different forms of intellectual properties and are protected by different laws; and the scope of protection under different laws is different too.
Understanding Trademark Logo:
A trademark logo is a sign, symbol, word, or word registered or legalized for the use of representation of a company’s product or services. By simply creating and using a logo, you automatically have the sole right to use it and take legal action against infringement. But by registering your trademark, that right is strengthened and you gain additional legal protections.
Process for Logo Trademark Registration in India:
- In order to trademark a logo in India, you must first file an application with the Registrar of Trademarks
- The application must include a description of the logo, as well as a specimen of the logo
- The application must also be accompanied by a fee
- Once the application is filed, it will be examined to ensure that it meets all the requirements for registration
- If the application is approved, it will be published in the Trademarks Journal
- After publication, anyone can oppose the registration of the trademark within three months
- If there are no objections, the trademark will be registered and you will be issued a certificate of registration.
Understanding Copyright Logo:
A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work. As copyright is an automatic international right, it therefore follows that, (other than activities specified under fair dealing rules), unauthorized copying of that logo would be an infringement.
Process for Logo Copyright Registration in India:
- Firstly, an application is to be written in FORM IV (schedule 2 of the act) format. All the required details must be filled out and sent to the registrar with the required fees. It can also be done online at the Copyright Office, Government of India.
- The applicant and an advocate must sign the application.
- After the details have been filled in, the registrar analyzes them and issues a diary number to the applicant. Then 30 days are given to raise objections if any.
- If no objection is received, then there will be a check that if the application has any disagreements, and if there are no disagreements, then the registrar will proceed.
- If any objection is received, then the examiner will conduct a hearing between both parties.
- After the hearing, if the case gets resolved, the examiner will forward it for registration.
It is easy to copyright or trademark a logo but the prescribed procedures need to be followed. Though it’s a long process, but once it is done, it is worthy of time, patience, and money. It takes a lot of effort to make a creative logo, and one should not let anyone copy their art. It is better to Consult a Legal Expert to Copyright or Trademark a logo.
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Note: This Post was last updated on March 18, 2023
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