The brand names and logos attached to goods and services serve as their public personas. Consumer confidence can be established and people drawn to a company simply by their logo or brand name. As brand value becomes more significant, a growing number of people look to secure their distinctive brand name or logo. Regarding which of the three forms of protection should be chosen, there is still a lot of ambiguity. People frequently ask how to legally protect a company brand and logo in India. This piece will explain the step-by-step procedure to copyright a business name.
Let’s start by dispelling the most common myth, which holds that copyright registration can provide protection for names and emblems. The Trademark Act in India allows for protection of the brand name that distinguishes a person’s goods and services from those of others. Therefore, it is not possible to register a copyright to safeguard the name. However, the emblem may be covered by both copyright and trademark protection. Only if the logo is artistic in nature and contains some distinctive features can it be registered with a copyright.
Now with that out of the way, let’s go through the steps to copyright a business name.
How to Copyright a Business Name
Under trademark rules, a request for logo protection can be made. However, it’s important to keep in mind that in order to obtain a copyright registration, the suggested logo must first be registered as a trademark. Following the filing of your trademark, you can take the following actions to register your logo’s copyright:
1. Conduct a Copyright Search
The logo design must first be displayed in word papers or kept on other tangible media. Additionally, a free copyright inquiry must be done to confirm the existence of any current copyrights pertaining to the logo.
2. Draft the Registration Application
The department must receive a request for copyright registration, the necessary information, and the appropriate fee. Following the effective submission of the application, a diary number will be assigned.
3. Examiner Check and final approval
The works will be held by the copyright division for 30 days in case any complaints are raised. If there are no objections, the application is then sent on to the examiner. The copyright registration will be granted if there are no discrepancies uncovered at that point.
4. Certification of Registration
After the application has been accepted, the certificate of registered copyright is issued.
Takeaways
And this is the proper way to copyright a company name and logo. Why, then, is it significant? Simply said, copyrights guard against unauthorized reproduction or use of a creator’s creative work. Any work that is registered for copyright protection is protected from copying, imitation, and production under the Copyright Act for Public Performance.
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