Legal Guide

How To Copyright & Trademark A Logo?

by Bhavya Choudhary · 4 min read

trademark logo

To make a brand unique, it is important to have a logo of the brand. Imagine a situation where you go to the market as a consumer to Starbucks. You don’t recall the name of the brand, but you only remember the logo as our mind is attracted more towards the logo rather than the name. Therefore, it becomes important to copyright and trademark a logo.

A logo is not just a symbol; it is the identity of your brand which makes it unique so that the customers are attracted, and this logo helps them to connect with the brand. Therefore, one must copyright & trademark a logo.

Now suppose you are running a company. You creatively design a logo, and customers now know your brand. There arises a situation in which another company steals your logo to mislead the customers. Now, what will you do? For this, it is important to register your logo in India to protect it. If your copyright or Trademark is a logo, you can easily take action against such miscreants.

What is a copyright, and how does it help us?

A copyright gives an exclusive legal right that is given to the owners of specific creative works. If someone tries to steal your logo, and the logo has already been registered, it can be protected. Copyright is used to protect the original songs, software code, and pictures from getting copied. A brand can copy the design of your product, but they cannot use the logo of your brand to sell them, and this is the power of copyright.

How to copyright a logo in India?

The steps to copyright a logo are as follows:

  1. Firstly, an application is to be written in FORM IV (schedule 2 of the act) format. All the required details must be filled out and sent to the registrar with the required fees. It can also be done online at the Copyright Office, Government of India
  2. The applicant and an advocate must sign the application.
  3. After the details have been filled in, the registrar analyzes them and issues a diary number to the applicant. Then 30 days are given to raise objections if any.
  4. If no objection is received, then there will be a check that if the application has any disagreements, and if there are no disagreements, then the registrar will proceed.
  5. If any objection is received, then the examiner will conduct a hearing between both parties.
  6. After the hearing, if the case gets resolved, the examiner will forward it for registration. 

Once the logo is registered with copyright, the owner of the logo can legally sue anyone who tries to copy the logo. To trademark a logo, a different procedure is followed. 

What is a trademark, and how does a trademark logo help us?

A trademark guards a word, phrase, or anything (apart from the creative work on the logo) that recognizes the source of services or goods in the market. The main objective of trademarking a logo is to guard the brand identity of the product. Therefore, it is important to trademark a logo.
For example, no other brand can use the ‘It’s finger-licking good’ tagline for their brand, except KFC as they have the trademark registration on this tagline and this is a trademark logo. To trademark a logo, registration of a Trademark in India is a must.

How to trademark a logo in India?

To get a logo registered in India, these are the following steps:

  1. To trademark a logo, one must find a unique name and logo for their brand. The name and logo should define the product or service that a person is coming up with. To trademark a logo, one must see that it is original and unique. 
  2. Once it is established, fill out the application form bydownloading Form-TM A from Controller General WebsiteThat form will cost around INR 3500, which needs to be paid to Trademark a logo.
  3. Once all the requisite information is filled in, the registration application needs to be filled to Trademark a logo. One can either do it manually or online. This makes the registration of trademarks in India easy.
  4. To trademark a logo, the scrutinizing officer checks the uniqueness of the brand name and makes sure that all the legal formalities are fulfilled. 
  5. To trademark a logo, the logo must be published in the Indian Trademark Journal, and if no objection is received within 90 days, then the Trademark is successfully registered.
  6. After passing through all the steps, a confirmation will be received that the logo and the trademark name are officially protected. It will be valid for ten years, but it can be regularly renewed after paying renewal fees.

To trademark a logo, all these steps must be successfully completed. 

Difference between copyright and Trademark:

Copyright guards the creative works of expression, but Trademark protects the text. It covers the business names, slogans, and other things used to identify a market brand.

If a person goes for copyright, then the logo will be considered an original piece of artwork. It will prevent the logo from being unauthorized copied. But to protect the uniqueness of your brand’s identity, one must trademark a logo. 

Conclusion

It is easy to copyright or trademark a logo but the prescribed procedures need to be followed. Though it’s a long process, but once it is done, it is worthy of time, patience, and money. It takes a lot of effort to make a creative logo, and one should not let anyone copy their art. It is better to Consult a Legal Expert to Copyright or Trademark a logo. Correct legal advice saves time.

Trademark registration helps create an intangible asset, and the person gets the exclusive right for selling, franchising, assigning, and commercially contracting innovation. Talk to a Lawyer to understand the Trademark requirements and the Registration process.

Bhavya Choudhary

Written by

Bhavya Choudhary

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