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Pankaj Tyagi
| Updated: 20 May, 2021 | Category: Copyright

Know the Procedure to Copyright a Logo, Design, or Name in India

Know the Procedure to Copyright a Logo, Design, or Name in India

In this article, we will explain a legal procedure on how to Copyright a logo in India. A unique logo design reflects your brand value to your consumer across the given marketplace. It can be your company’s logo or name to set out a unique presentation related to your brand identity in the market globally.

The distinctive logo design can help you establish a strong bonding with the end-users. Your logo reflects the reputation of your business. Thus, you need to ensure comprehensive protection for your logo or design so that you can reap the long-term benefit.

Logo or a design that seemingly contains considerable value can be counterfeited easily. Once stolen or copied, the unregistered mark or logo owner cannot sue the defaulter for such conduct due to the lack of rights. Keeping the said assets under copyright protection is one way to prevent such happening. Copyright a logo and other artistic works ensure that your creation stays safe from infringement for years to come.  

What is Copyright Protection, and Why is it Important?

Copyright refers to a set of rights vested in the copyright’s owner on account of Section 14 of the Act. These rights are only accessible to the copyright’s owner. These rights include the right of reproduction, right of adaptation, right to make translations, communication, right of publication, etc.

Being an essential part of Intellectual Property Rights, it provides exclusive rights regarding publication, distribution, and usage to the author. This means copyright ensures comprehensive protection for the author’s work against the act of counterfeiting or duplication. The length of the copyright protection might differ from nation to nation, but it typically lasts for the author’s lifetime.  

What kind of work can be registered under Copyright protection?

  • Music
  • Manuscripts
  • Films
  • Fashion design
  • Performance
  • Paintings
  • Book
  • Training manuals
  • Software
  • Literary work etc.

In India, copyright protection is governed by the Copyright Act, 1957. The register of the Registrar of Copyright is bifurcated into six essential categories.

Literary works are other than computer programs.

  • Musical works
  • Cinematography films
  • Artistic work
  • Computer programs, tables & compilations.
  • Sound recording

Online registration Method to Copyright a Logo, Name, or Design

  • Enter URL- https://copyright.gov.in/Default.aspx  in the address bar of your web browser.
  • Create a User ID on this portal and then log in securely.
  • On the subsequent page, tap on the link called “Click for online Copyright Registration“.
  • Fill up Form XIV, then tap on the Save button.
  • Click on Step 2 to open the Statement of Particularsform.
  • Fill up the said form with relevant details and upload the digital copy of your signature (size-512 kb)
  • Click on Step 3 to open the Statement of Further Particulars form.
  • Fill up the said form with relevant details. These forms cover literary, musical, dramatic, software works, and then click on the Save button.
  • Click on Step 4 to make the online payment.
  • Upon form submission, the portal will generate a Diary Number for future reference.
  • Upload the work of authorship in pdf/jpg/png format
  • Take the printout of the “Acknowledgement Slip” & of “Copyright Registration Form” and send it by post to the following avenue;

Copyright Division Department for Promotion of Industry and Internal Trade Ministry of Commerce and Industry BoudhikSampadaBhawan, Plot No. 32, Sector 14, Dwarka, New Delhi-110078, Telephone No.: 011-28032496

Fundamental Guidelines for Registering a Work under the Copyright Act 1957

Chapter VI of the Copyright Rules, 1956, talks about the procedure of registration of a work. The applicant can visit the Manager of Publications to obtain copies of the Act and Rules. The registration process for securing copyright protection is as follows:-

  • The registration application is to be made on form IV as per the first schedule of the rules. The application will also include the statement of particulars.
  • The applicant is required to fill an independent application for the registration of each work
  • Each application must be accompanied by a required fee as per the second schedule to the Rules; and
  • The application must be signed by the person seeking registration or advocate in whose favor Power of Attorney has been executed. A power of attorney signed by the concerned party & accepted by the lawyer should also be enclosed.
  • Every column related to Statement of Particulars & Statement of Further Particulars should be filled individually.
  • The copyright Act allows any individual to register published and unpublished works. Copyright in work published before the enactment of the Copyright Act, 1957 is also eligible for copyright protection.
  • If the work seeking copyright protection is unpublished, a manuscript copy has to be sent in addition to the application for affixing the Copyright Office’s stamp.
  • In case two manuscript copies were sent to the authority, one copy shall be return to the applicant after being stamped by the authority meanwhile;, the other will be retained in the Copyright Office for the record. It would also be accessible to the applicant to send only extracts from the unpublished work rather than a complete manuscript and demand for the return of the same after being stamped.
  • The applicants are eligible to make modifications in particulars available in the Register of Copyright in Form V for a registered work that has been published after some delay.

Copyright comes into light soon after creating a certain work, and as such no formality is required to be addressed for obtaining a copyright. But, facilities present for having the work protected in the Register of Copyrights managed in the Copyright Office of the Department of Education.

The entries available in the Register of Copyrights act as prima-facie evidence from the legal viewpoint. The Copyright Office facilitates registration services to all types of works and is managed by the Registrar of Copyright.

Conclusion

A copyright is a set of rights that ensure end-to-end protection to the original work of authorship like a literary work, movie, song, or software. It is always recommended to copyright a logo or design that seemingly adheres to significant value for the company or an individual. After obtaining copyright protection, authorship’s work gets exclusive rights in terms of publication, distribution, and usage. Also, the likelihood of duplication after copyright protection becomes next to negligible. Hopefully, now you have learned how to copyright a logo in India with the help of the above information. Approach CorpBiz’s associates for more clarification on the registration matter.  

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Pankaj Tyagi

Pankaj has a diverse experience of writing research papers, blog, and articles during his college time. Earlier, he was working as a tax consultant in a financial firm, but his interest in writing drives him to pursue a career in the writing field.

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