How to Copyright a Logo in India?
Copyright

How to Copyright a Logo in India?

4 Mins read

A unique logo design depicts your brand and business to your customers and clients around the world. It can be your company’s name, or your logo provides a unique representation of your business identity in the worldwide market. In the unique logo design, you should represent your business and showcase that you are different from other competitors. A logo represents your business’s goodwill. Your logo design copyrights should be held.

In India, the protection of a logo from unauthorized use and duplication is very important to protect the intellectual property of a company. One of the legal tools that provides such protection is copyright registration.

This blog explains why copyrighting a logo is essential and how businesses and individuals can register their logos effectively in India.

Introduction

In the highly competitive business arena, logos can be unique and distinctive identifiers that separate a brand from its competition. The logo’s design, shape, and color scheme carry significant value not only in dollars but also as a symbol for the brand, but this is also a vulnerability to misuse or imitation.

In India, copyright registration shields the logos of a company or an individual against unauthorized use. Under the Copyright Act of 1957, one can register his logo as a work of art, and as such, only the creator enjoys the rights to reproduce, distribute, and make any changes.

How Does Copyright Benefit us, and What is it?

Copyright gives particular creative work authors the exclusive legal right, and if there is already your logo registered on the register but someone tries to steal it for his use, then it can protect your logo.

The purpose of copyright is to prevent unauthorized use of the original music, software, and images. The power of copyright is that a brand can reproduce the design of your goods, but they are not allowed to use your logo to sell it.

Why Copyright Your Business Logo in India?

Always, one should copyright his unique and original work and design as it will give the definite right over his works to the owner of works and protect no one can copy or steal his work for a minimum time period.

It satisfies the owner so much, and due to this satisfaction, he feels motivated enough to work hard and make more.

How to Copyright a Logo?

The steps to copyright a logo are as follows-

1. Ensure the Originality of the Logo

Before filing for copyright, it is important to ensure that the logo is original and does not infringe on any existing intellectual property. A search in the copyright and trademark databases should be conducted to confirm its originality.

2. Application Preparation

The copyright application consists of the following parts-

  • Details of the Applicant- Name, address, and contact information of the logo’s creator or the entity claiming copyright.
  • Description of the Logo- A very brief description of the logo and its design elements, meaning, and significance.
  • Copies of the Logo- High-resolution and clear images of the logo, in color as well as in black and white.

 3. Form and Payment of the Registration Fee

File your application in Form XIV, which, in respect of artistic works, is provided for under the Copyright Rules, 2013.

The registration fee for copyrights differs according to the category of the applicant. These can be paid through the copyright registration portal itself, which has online payment options.

 4. Submit the Application

Submit the application online or in person at the copyright office in New Delhi. Online submissions can be made through the Copyright Office Portal website.

 5. Examination of the Application

After submission, the Registrar of Copyrights checks the application for completeness and originality. In this stage-

  • If there is no objection, the application is accepted.
  • If there are objections, the applicant will be required to reply or attend hearings conducted by third parties or the registrar.

6. Receive the Copyright Certificate

Once the examination is done and all objections are cleared, the copyright certificate is issued. The certificate is proof of ownership and grants the owner exclusive rights over the logo.

Timeframe and Cost of Copyright Registration

The copyright of logo registration process in India generally takes 6 to 12 months, depending upon whether any objections or disputes arise during the examination.

The charges for copyright registration depend on several factors, such as the applicant type and the number of works to be registered. The general charges include-

  1. Government Fees- This may range between Rs 500 and Rs 5000 based on the type of applicant.
  2. Professional Fees- It is optional but recommended to hire a legal expert or consultant to handle the application of the copyright.

Penalties/Punishment for Infringement

You can take legal action against the person who uses your work without your permission only when your work is registered. In addition, a plaintiff in such litigation may also seek damages and an injunction against potential infringement of his work in the future.

The punishment as prescribed in Section 63 of the Copyright Act, 1957 for both purposefully infringing the Right of Reproduction along with the Direct Licensing of Copyright or abetting the infringing activities shall be punished with imprisonment for a term of not less than six months but not more than three years, and a fine of not less than Rs 50000 but not more than two lakhs rupees.

Difference between Copyright and Trademark

  • Copyright protects creative expressions, while trademark protects the words. It is concerned with protecting business names, slogans, and other things that are used in identifying a market brand.
  • If a person takes copyright on that, the logo will come to be an original work of art. It won’t let others make unauthorized copies. However, one must trademark it in order to guard the uniqueness of the identity of the brand.

Conclusion

Copyrighting a logo in the competitive business scenario of India is one of the necessary steps that help protect the identity and value of a brand. This process, under the Copyright Act of 1957, gives the creators and businesses exclusive rights over their logos to avoid unauthorized use and duplication.

By knowing the guidelines outlined in this blog, businesses can easily and confidently undertake the copyright registration process. The copyrighting of a logo is not only for the legal protection of a brand, but it is also a very important factor that can strengthen a brand’s credibility and market position, making it worthwhile in the long run.

Related Services

References

The Copyright Act, 1957 (14 of 1957)

https://www.meity.gov.in/

https://copyright.gov.in/

https://www.wipo.int/copyright/en/

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About author
Advocate by profession, currently pursuing an LL.M. from the University of Delhi, and an experienced legal writer. I have contributed to the publication of books, magazines, and online platforms, delivering high-quality, well-researched legal content. My expertise lies in simplifying complex legal concepts and crafting clear, engaging content for diverse audiences.
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