In today’s brand-driven world, a logo is more than just a visual symbol. It is the identity of a business, representing its values, mission, and public image. While trademarks are the most common form of legal protection for logos, many people are unaware that logos can also be protected under copyright law, provided they meet certain requirements. So, should a logo be protected as copyright? Let’s explore this question and understand the benefits of copyright registration for logos in India.
While copyright exists automatically upon the creation of an original work, registration offers significant advantages. Here are some major benefits of registering your logo as copyright in India:
Protection Against Creative Copying – Not Just Brand Confusion
- Trademark protects your logo only in the context of commercial use and brand confusion (e.g., someone selling goods using a similar logo).
- Copyright protects the artistic expression itself—even if the logo isn’t used in commerce.
So, if someone copies the design of your logo (even for non-commercial use, or in a different industry), copyright can help you take action.
International Recognition
- Copyright protection from India is recognized in over 180+ countries under the Berne Convention, even without registration in those countries.
- Trademark rights are territorial, meaning you must register separately in each country to get protection.
Long-Term Protection
Copyright protection lasts much longer than trademark protection: it remains valid for the creator’s lifetime plus 60 years, whereas trademarks must be renewed every 10 years.
Covers All Forms of Use – Digital, Print, Merchandise, etc.
- Trademark only covers commercial brand usage under specific classes.
- Copyright protects all forms of the logo’s use: on websites, social media, merchandise, art reproductions, etc.
Proof of Authorship and Originality
A copyright certificate acts as proof of original creation—not just ownership.
Legal Remedies (Including Criminal Action)
- Copyright infringement in India can lead to criminal charges (fines, imprisonment).
Section 51 – When copyright infringed.
Section 63 – Offences of infringement of copyright or other rights conferred by this Act.
Section 55 – Civil remedies for infringement of copyright.
- Trademark infringement is usually handled through civil suits, unless it involves counterfeiting.
Trademark vs. Copyright Protection for Logos: What’s the Legal Difference?
When it comes to protecting a logo, two major forms of intellectual property law come into play: trademark and copyright. While both can offer valuable legal protections, they differ significantly in scope and application.
When a logo is filed as a trademark, it is protected only in the classes of goods or services specified in the application. These classes are defined under the Nice Classification system, and each class represents a different type of product or service.
Example: If you register your logo as a trademark under Class 25 (clothing), your rights to prevent others from using a similar logo are limited to that class. If someone uses a similar logo for software (Class 9), they may not be infringing unless your mark is well-known or you’ve registered in multiple classes.
However, Copyright protection is not class-specific—it gives the creator exclusive rights to reproduce, distribute, and display the logo in any context, regardless of the industry.
Preparation of Application for obtaining Logo Registration as Copyright
To seeking copyright protection for a logo, to obtaining a Trademark Search Certificate or TMC from the Trademark Registry is an essential step. This certificate is critical as it verifies that the proposed logo does not conflict with any pre-existing registered trademarks, helping to ensure the legal validity of your logo in terms of trademark registration.
The Trademark Search Certificate is typically issued by the Trademark Registry after a thorough search of existing trademarks has been conducted. The Trademark Registry usually takes around 7 to 10 days to release this certificate. This search helps confirm that no similar logos or marks are already registered, which could potentially lead to legal disputes or infringements in the future.
Once this certificate is obtained, it plays a key role in the process of registering the logo as a trademark, which in turn, provides you with legal rights over the logo’s usage and protection under trademark law.
As applied for a TMC Form, the Trademark Registry conducts a comprehensive search through its extensive database to identify any trademarks that are identical or confusingly similar to the logo being applied for. Importantly, this search is not limited to the specific class that the applicant has selected but instead spans all 45 trademark classes that cover a broad range of goods and services. These classes include everything from clothing and electronics to advertising and legal services, ensuring that the search is thorough and covers multiple industries. This approach helps guarantee that the applicant’s logo does not infringe upon the intellectual property rights of others, even in sectors unrelated to the applicant’s business. By performing this extensive cross-class search, the registry minimizes the risk of trademark disputes, ensuring the applicant can proceed with confidence that their logo is unique and legally protectable.
The search results, which culminate in the search certificate, serve as the foundation for the examination process. If the search identifies a conflicting trademark, the application will either be rejected or objected on the basis of potential confusion. Afre examines the examination report will proceed, detailing whether the trademark either objected or qualifies for registration based on distinctiveness and other legal criteria. Once the TMC Form is obtained, the logo can then be applied for copyright registration
Conclusion
In conclusion, while trademark registration is indispensable for protecting a logo within the commercial landscape, copyright registration offers a more expansive and enduring form of protection. It empowers businesses and creators with comprehensive rights over their visual identity, safeguarding not just the brand, but also the artistic essence and originality of the logo. By pursuing both trademark and copyright protection, businesses in India can ensure a well-rounded, legally protected and can defence of one of their most valuable assets—their brand identity…
Author: Sakshi Shikha, Associate at Dentons Link Legal
