How to Trademark and Copyright Your Brand Name & Logo?

A brand name and logo gives you an exclusive identity and separates you from the competition. To ensure that it truly remains exclusive, it is important that you register for a trademark and copyright for your brand name and logo. However, for beginners, this legal process can be intimidating, which may dissuade you from fully protecting your brand’s identity.

In this article, we share the importance of applying for a copyright or trademark and the registration process.

Why apply for a trademark or copyright?

A lot of thought and creativity goes into developing a brand name and logo, something that is catchy and relevant. Once you find the perfect one, you start marketing your products under the same identity. Consumers and clients will immediately recognise you from your logo and name. However, sometimes other businesses may take the same or develop a similar name and logo, which can confuse your consumers. To prevent this and maintain exclusivity, it is important that you protect your business rights. By registering for a trademark or copyright, you can legally prevent anyone else from using your name and logo. 

Whether you are a small business or a freelancer, if you have a built a unique identity than you do not want others from using the same. This is, especially important in the case, you are an owner of a growing business that you plan to expand geographically across states or you are a full-time travel blogger trying to distinguish your work from other bloggers. However, if you are a small business not planning to expand beyond your city, for instance, if you have a handmade silk sari shop in Chennai and have no plans of expanding, then you would not need a trademark registration.

So, depending on what your business plans are, you may choose to apply for a trademark or copyright registration.

How to apply for a trademark registration?

If you have a growing handmade sari business in Chennai, it is important to register a trademark for your brand name and logo to prevent copycats. The process of trademark registration in Chennai would include these steps-

1.      You need to file for a trademark application in the India Trademark office

2.      Officials will launch a search report and examination to check your claim

3.      Depending on the examination, you can choose to respond to any queries or discrepancies

4.      The trademark application will be accepted and publically shared

5.      There will be an opposition period were others can contest your trademark application

6.      Finally, you receive your registration, which can be verified at www.ipinida.nic.in

Documents required for trademark registration

• Copy of the brand name or logo
• If you are filling the trademark through an attorney, then you would require an authorisation form for the appointment of an attorney to file the trademark
• User affidavit
• If the brand name or logo is already being used in the market, then you will also have to submit some supporting documents such as Incorporation Certificate, Government Registration Certificates, invoice bills, etc.

How to apply for a copyright registration?

1. Fill FORM IV and submit it along with the application fees

2. The application needs to be signed by the applicant and attested by the representing attorney (in case the copyright is being filed with an attorney)

3. After application, the applicant will be assigned a diary number from the registrar of copyright and wait for any objections from the registration office

4. The application will be scrutinised by the copyright registrar who will then issue a compiled report in case of any discrepancy in the application. In case of no issues, the applicant will be granted the copyright registration in the form of an extract of the registration certificate.

5. If objections arise, then the copyright registrar will provide the applicant with a scrutiny report. The applicant will reply to the same, which will be evaluated by the examiner who upon satisfaction will register the copyright. If he is not satisfied, then a  show cause hearing will be called to address the objections.

6. In the case of the hearing process, according to whether the objections are resolved or not, he will approve or reject the copyright registration

Documents required for copyright registration

• Details of the copyright applicant (name and address)
•  Title of the work
• Type of the work (literary, musical, dramatic and etc.,)
•  Information on whether the work is published or unpublished
• Information on all individuals involved in the creative work
• NOC from the other involved individuals
•  2 copies of creative work
• Power of attorney if filed through copyright attorney

Conclusion

To protect your brand’s identity from copycats, apply for a trademark and copyright registration today! If all goes well, you are likely to receive the trademark or copyright within 6-8 months of application. All the best!