In this article, we are going to inform you about copyright and how to copyright a logo in India. A unique logo design represents your brand and business to your customers and clients across the globe. It can be your company’s name, your logo establishes a unique presentation of your brand identity in the global market. By the unique logo design, you should represent your business and can show you are different from your competitors. Your logo represents goodwill of your business. You should copyright of your logo design.
It is very important to the point of view of your business. With this, you can protect your logo from being stolen or used by other companies or brands for their purpose.
What is copyright?
Copyright is a legal light that fixes your ownership of a particular work, task or design. It just protects your work being stolen from others. It helps you focus on uniqueness and relevancy of your content and control your commercial exploitation. It gives right not to copy someone’s work. If someone has copyright on their work, it is proved by imitating, copy or reproduce the original work in any other way. Following works can be protected by copyright:-
- Fashion design
- Training manuals
- Literary work etc.
Copyright is protected by “The Copyright Act of 1957” and there have several amendments to the act. The registrar’s register of copyright is divided into 6 categories:-
- Literary works other than computer programs.
- Musical works
- Artistic work
- Cinematography films
- Sound recording
- Computer programs, tables & compilations.
Above 6 are major parts of the parts of the Register of copyright.
Why copyright your Business logo in India
It is always advisable to do copyright of their unique and original work and design because it will give the certain right over his work to the owner of work and protect no one can copy or stole his work for a minimum period of time. It gives a huge satisfaction to the owner and with this motivation the owner to do more work and create more items.
How to copyright a logo in India
A term of copyright in India is 60 years. Both published and unpublished work can be registered under in copyright. On 21 January 1958, before the Copyright Act 1957 come in force, copyright in work published, registered and provided the work still enjoy copyright. Along with the application, three copies of published work may be sent.
Following process has to be followed to obtain the copyright registration of a logo:-
- An application will be the file in the format of form IV with the requisite fee has to be sent to the registrar. In application including all the particulars and statements of the particulars according to form IV (schedule 2. of the act). For a separate work, a separate application has to be made. For different work, different fees have been given by the government in this link ( https://copyright.gov.in/).
- The application has to be signed by the applicant and an advocate in whose favor a Vakalatanama or a POA (Power of Attorney) has been executed.
- After the field of application and recording, analyzing by the registrar of copyright authority, the registrar will issue a diary number to the applicant and then there is a necessary waiting time for a minimum period of 30 days for any objections to be received against the application.
- If within 30 days no any objection received regarding the application, the scrutinizer will check the application for any disagreements and if no disagreements are there, the registration of copyright of a logo will be done and an extract will be sent to the registrar for the entry in the register of copyright.
- If unluckily, any objection is received is received within 30 days, the examiner tries to convince to take back the objection. After the requisite reply from the third party, the examiner will conduct a hearing by sending a letter to both the parties about the Objection and will give then both a hearing.
- After the hearing, if the objection is resolved the scrutineer will scrutinize the application and accept the application and forward for the registrations.
Opposite of above, if in the hearing, objections are not solved. The examiner will reject the application and a rejection letter of application will be sent to the applicant. This will be an end of the process of registration of copyright a logo in the case of objection not solved.
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In the case of objection solved and registrar approved the application. On the next step, registrar registered the logo in copyright register as well as trademark registration. This will be called registration approve and sending extracts from register to the applicant.
Above mention, all the steps inform that how to copyright a logo in India. It presents the commercial exploitation to the owner and increases the goodwill of the business. A logo value shows the real value of a business. Copyright protection prevents undue proliferation of private product and ensures the owner of the copyright logo retains significant rights over his certain.