Logo Copyright Registration in India
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Logo Copyright Registration in India
Designing a logo requires lots of effort and time. In this competitive world, it is crucial to save time and effort by protecting your logo through copyright registration, thereby safeguarding it from others. A logo provides a unique identity to your business by differentiating it from others. People start recognising your brand by just seeing your brand logo. Therefore, it becomes very important to obtain copyright registration of the logo in India to protect your brand value. Protect your brand by understanding more about Logo Copyright Registration in India in this article.
What is Logo Copyright Registration in India?
A logo is a creative asset that creates a unique identity for the brand in the market. A logo is an artistic work that is protected by the Copyright Act, 1957. Any person can protect their logo by applying for logo copyright registration in India.
The Copyright Act, 1957, does not require the logo to be first used in the business or trade to get registered. The logo is considered an artistic work, and it can be registered even if it is not used in business or trade. Hence, a logo can be registered as a copyright to protect and obtain sole ownership of the artistic design.
Process of Logo Copyright Registration in India
Log in to the Portal:
Start by logging in to the official website of the Copyright Office of India by visiting https://copyright.gov.in.
File application form:
After logging in to the portal, fill in all the required details in Form XIV. Form XIV is filed as an application for copyright registration. You are also required to provide the Statement of Particulars (SoP) and Statement of Further Particulars (SoFP) as part of the form, containing details of the logo proposed to be registered. Attach all the documents as required for registration. After paying the fee, a diary number will be issued, which will help in tracking the status of the application.
Examination by the Copyright Examiner:
After the application is filed, it will remain under a 30-day mandatory objection period. If no objection has been received, the examiner will start examining the application to check the originality of the work and the legal requirements.
Approval and Issuance of Certificate:
If the examiner is satisfied that the application is complete and the logo is original, the examiner will approve the application and issue the certificate of registration.
Documents for Logo Copyright Registration in India
The following documents are required to be filed for Logo Copyright Registration in India:
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Clear JPEG Image of the Logo.
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File details of the Logo in the Statement of Particulars (SoP).
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Statement of Further Particulars (SoFP), providing whether the logo is capable of being used for goods or services or contains any restricted words.
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Trademark application copy, if a Trademark is applied for.
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Power of Attorney, if filed through an attorney or agent.
Fee for Logo Copyright Registration in India
The fee for Logo Copyright Registration in India depends on the capability of the logo to be used with goods or services. The fee structure is as follows:
| Not used or not capable of being used with goods or services | Used or capable of being used with goods or services |
| Rs. 500/- | Rs. 2000/- |
Benefits of Logo Copyright Registration in India
It helps in protecting the artistic originality of the Logo.
It protects the artistic work of a person without requiring proof of usage in business or trade.
Copyright registration serves as proof that the person is the sole owner of the logo.
It protects the logo from unauthorised use.
Copyright provides lifetime protection to the logo owner.
Logo Trademark vs. Logo Copyright
| Basis of Particulars | Logo Trademark | Logo Copyright |
|---|---|---|
| Purpose | A logo Trademark prevents others from using the same mark for a similar class of goods or services. | A logo Copyright prevents others from copying or misusing the same logo or artwork. |
| Basis for Registration | The logo should be used in the business or trade. | Proof of use in business or trade is not mandatory. |
| Validity of Registration | 10 years and can be renewed further. | Lifetime of the author + 60 years. |
| Governing Law | Trade Marks Act, 1999 | Copyright Act, 1957 |
| Scope of Protection | Marketplace confusion or misuse | Reproduction and artistic originality. |
Conclusion
Copyrighting your logo can help in safeguarding your brand value and protecting your artistic work from others. There are various benefits of logo copyright in India, such as prevention from legal battles. Registering a logo under the Copyright Act, 1957, can be done through some easy steps. With this simple and structured process, you can secure long-term protection under the Act.
Patron Accounting can be a supporting partner throughout this process to help you file all the necessary documents and an error-free application with the authority and obtain registration effectively.
Frequently Asked Questions
Have a look at the answers to the most asked questions.
