This article will clearly explain the whole concept of copyright and the procedure to copyright the logo in our country.
Basically, a logo design is one that represents a brand or its business. It is unique to the respective brand or business used to represent the company to all its customers and clients all over the world. The logo may be of different kinds including graphic designs, monograms, pictorial, watermark, or others.
The logo is literally a brand identity for your company that projects your business standards to the audience and marks trustworthy name among your customer base.
Coming on to the topic of copyright for logo, let us first understand what is called copyright.
Copyright is the legal term that affirms ownership of the logo you have created for your business. By doing so, your works get their own brand identity and cannot be used, reused or misused by any others. Copyright helps in maintaining relevance of the content and you will have complete control over any kind of commercial exploitation. Some of the works that can be protected with copyright are: music, films, fashion designs, manuscripts, software, literary works, and so on.
Copyright falls under The Copyright Act, 1957. This act has got a number of amendments. There are 6 categories of such copyright which include literary works apart from computer programs, music, sound, cinematography, computer tables, and sound recording.
What is the need for copyright for business logos?
If you have your unique, original work, it is ideal that you get copyright done for the same. This is because you will have the fullest control over your work and enjoy complete ownership that you can protect your projects without it getting stolen or misused. This brings complete satisfaction to the owner and motivates in creating furthermore original works.
What exactly is the procedure to copyright logo in our country?
One can get their works registered for copyright with real ease. This can be done for both published as well as unpublished works. Back on 21st January 1958, the exclusive Act called the Copyright Act came to effect. With the application for copyright, there should be 3 copies of the work done.
Below is the process for obtaining copyright for your logo
There is form IV. This should be filled and sent as application along with requisite fees amount. This should be submitted to the registrar. This application should be submitted along with all the statements and particulars as mentioned on the form IV. If there is a separate work done, a separate application has to be sent. In case of different works, the fees will be fixed differently.
This can be studied in detail at : https://copyright.gov.in/.
The applicant should sign the application and there should be an execution by advocate ot provide power of attorney.
Once the application is submitted, the copyright authority will record and analyze the application thoroughly. Following this, there will be a diary number issued by the registrar. Each of the copyright application will h have a specific waiting time. This may be of about 30 days to higher number of days which depends on the type of application. This is a wait time for any objections towards the application.
In case the application has not received any kind of objection, the copyright scrutinizer shall thoroughly inspect the application and come up with disagreements, if any. In case there is no such disagreement, the final processing for logo copyright will be done. This shall then be processed to registrar to make entry on the copyright registrar.
In case there is any objection received during the above-mentioned period of 30 days, the examiner will come up with convincing talks to withdraw the objection. On receiving the third party reply, hearing will be conducted by the examiner to send across letters to the parties and arrange for a hearing yet again.
Once the hearing comes to a conclusion, in case the objection gets resolved, the copyright scrutinizer will assess the application and accept the same and take it to the higher level for registration.
In case the vice-versa happens and there is no solution achieved for the objection, the examiner would go on and reject the application and send across a rejection letter. There ends the process of registration to get the logo copyright done.