Yes, a logo that includes artistic or design elements can be copyrighted as it’s considered a work of artistic creation, protecting the logo as an artistic work.
Is a logo protected by copyright?
Yes, a logo that has design or creative features can be protected by copyright since it is regarded as an artistic creation.
- Having a brand’s logo is essential to making it distinctive. Consider a scenario where you visit Starbucks as a customer at the market. Because our minds are more drawn to logos than to names, you only remember the brand’s logo even when you can’t remember the name. Thus, trademarking and copyrighting a logo becomes crucial.
- A logo is more than just a sign; it is the identity of your company that sets it apart and draws in clients. It also facilitates their connection with the brand. Thus, a logo needs to be trademarked and protected by copyright.
- A logo is more than just a sign; it is the identity of your company that sets it apart and draws in clients. It also facilitates their connection with the brand. Thus, a logo needs to be trademarked and protected by copyright.
- Let us say you are in charge of a business. Customers are now familiar with your brand thanks to your imaginative logo design. Sometimes a business will steal your logo to deceive your customers. What are you going to do now? To safeguard your logo, it is crucial that you register it in India. You can readily act against such miscreants if your trademark or copyright is a logo.
Here’s a more detailed explanation:
- Copyright Protection:
Copyright law protects the intellectual property of creative works, including logos that have artistic or design elements.
- What’s Protected:
Copyright protects the logo’s artistic expression, not just the words or name itself.
- Copyright vs. Trademark:
While a logo can be both copyrighted and trademarked, copyright protects the artistic design, while trademark protects the brand name or symbol.
- How to Copyright:
To copyright a logo, you need to create an original work of art and register it with the relevant copyright office.
- India Specifics:
In India, you can copyright your logo by filing an application in FORM IV (schedule 2 of the act) format with the registrar, and it can also be done online at the Copyright Office, Government of India.
- Importance of Copyright:
Copyright gives the creator exclusive rights to reproduce, distribute, perform, display, or create derivative works from their copyrighted material.
What is a copyright, and how does it help us?
Owners of certain creative works are granted an exclusive legal right through a copyright. Your logo can be safeguarded if it has previously been registered and someone tries to steal it. 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 replicate the design of your goods, but they are unable to use your logo to sell it.
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.
*****
For any type of assistance or registration of Copyright feel free to contact us or reach us at: – MG Associates (Company Secretaries)- CS Manisha Mittal – 70152-77705
Disclaimer : The information presented here is only meant to be informative. Although this article was carefully crafted, it should only be regarded as general advice because it has been expressed in general terms. You should not act on the information provided in this article or refrain from acting upon it without first seeking professional advice since it cannot be relied upon to address your unique situation.
Author Bio
