In the modern digital age, a brand’s visual identity especially its logo design is crucial to how the general public views the company. This emphasizes how important it is to protect these original designs from potential infringement or abuse. Learn about copyright in this planet. A brand’s unique image is protected to stay solely its own by obtaining a copyright for its logo design.
In delving further into the relationship between copyright a logo and trademark a design, this article seeks to clarify what exactly does copyrighting a logo entail and what is the cost involved for this protection.
What Does it Mean to Trademark a Design?
The term “trademark design” refers to a logo’s design. The term “design” can refer to a visual art or an artistic design when discussing copyright. Since a patent design will be mechanical in nature and will immediately be excluded as a design under this act according to the first half of the second section of the definition, the Patents Act is not directly referenced.
Understanding Copyright in the Domain of Logo Design
Creators are granted exclusive rights to their unique creations, including logo designs, through copyright protection. A logo that is copyrighted cannot be used, copied, or disseminated without permission by third parties. Each unique colour scheme and the elements of design are covered by this protection. A logo can be a brand’s most valuable asset in a market full of copycats, which makes it susceptible to illegal usage. Providing a barrier, copyright allows artists to demand recompense and halt the violation. To protect the integrity of logo designs, encourage uniqueness, and let brands grow without worrying about copying, companies and designers must have a thorough comprehension of copyright.
Importance of Trademark a Design & Copyright a Logo
- It builds confidence and safeguards brand value: As everyone is aware, well-known businesses in the market today are identified by their trademarks, which foster goodwill and trust in the eyes of the public. However, trademarks draw in new business and aid in customer retention.
- You get the freedom to own things independently: The registered proprietor has the exclusive right of ownership over the trademark. He could take pride in being the only owner and prevent others from using it. It gives him the ability to legally sue anyone using the registered brand without permission.
- It sets its goods and services apart from competitors: Customers can quickly identify products and services because in order to safeguard trademarks. Additionally, it aids in establishing oneself apart from current rivals. Trademarks are hence seen as successful business tools.
- The ® symbol may be used above a trademark: The registered owner of a trademark may use the ® sign to denote that the brand is registered and that third parties are not allowed to use it.
- Safety against violations: The registered holder must grant permission to use the brand. According to the Trademark Act, using a registered brand without the consenting party’s consent will be enough to bring legal action against them.
- Ten Years of Protection: Trademarks that are registered have an expiration date. All you need to do is quickly renew it. Trademark renewal is an economical decision.
- Draw in fresh clients, customers, or consumers: It has a beneficial effect on the entity. It gradually attracts new customers and clients with ease.
How Much Time Does it Generally Take to Have a Logo Registered as a Trademark?
The amount of time needed to register a logo as a trademark may differ based on a variety of variables, including the design’s intricacy, the quantity of identical trademarks yet to be approved or already registered, and the volume of activity at the trademark office. The typical registration period in India is normally around 18 and 24 months, while other factors could also affect the timeframe. The whole procedure typically takes a number of months to a year or more to wrap up.
How Much is the Cost of Trademarking a Design and Acquiring Protection for a Logo?
The Cost of Filing to Register a Copyright
The filing fee is the most evident cost associated with the copyright registration process. The price may alter greatly depending on your jurisdiction. For example, filing electronically rather than on paper with the U.S. Copyright Office may be less expensive. You must ascertain the relevant rates for your nation and choose the most efficient filing method.
The Cost of Filing to Register a Trademark
Government fees and professional fees make up the two cost categories for trademark registration in India. The difference between the two is that while government rates are the same nationwide, professional prices may differ depending on the individual. The government charges ₹9,000 per application, per class, for trademark registration on behalf of the firm. Trademark registration costs vary based on the type of applicant.
LLPs, Partnership Firms, and Private Limited Companies
Individuals applying for trademark registration will be charged ₹4,500 per class, while entities like LLPs, partnership firms, and private limited companies may pay between ₹4,500 and ₹9,000. Single proprietorships, small enterprises, and startups are eligible for the reduced fee of ₹4,500. Other entities will be charged a trademark registration fee of ₹9,000.
Government Registration Fees
Depending on the class, separate fees will be paid for single, consecutive, and collective marks. The government charges ₹4,500 per class per application for trademark registration. This fee applies to individuals, DPIIT-registered startups, and registered MSMEs filing a single mark in a single class. The government fees for trademark registration are ₹9,000 per class per application for all other entities. The registration price for a collective mark is ₹10,000 for each application per class.
In a convention country, the primary registration fee for a mark is ₹10,000, and additional fees apply for registration in each successive class. Additionally, the World Intellectual Property Rights Organization will charge different fees for registration in each member country you seek to register in if you want to register globally under the Madrid Protocol.
Expert Fees
Many applications are turned down because the marks they register are already there. Thus, for the registration process, it is typically better to get in touch with an expert. For information on trademark registration, trademark repositories, or the availability of numerous logos, get in touch with an intellectual property attorney; they will provide accurate legal advice on all relevant matters.
Opposition Legal Fees
If third parties believe your mark is identical or similar to their brand, they may file an opposition. Whereas government-initiated objections. In one class, the cost of filing a notice of objection would be ₹2,700.
Legal Costs for Objections
The cost of an objection may differ in depending on a number of factors, including its nature and complexity. We would like to recommend that you get professional guidance from our legal experts at Kanakkupillai, with their broad legal knowledge in the field of intellectual property law.
Conclusion
When it involves logo design, businesses and authors alike must understand the subtle differences between a trademark and a copyright. A logo should be protected against any potential violations since it acts as a symbol of the company’s identity. Alternatives can meet certain demands, even when copyright and trademark offer a robust barrier. One can make sure that logo designs reflect a brand successfully and stay secure in the vast digital realm by debunking myths and becoming knowledgeable. It is important to make well-informed selections in this region since logo design and copyright basically work together to establish a brand’s heritage.
FAQs
- What is protected by a trademark?
You are granted exclusive use rights to the trademarked word upon registration of the trademark. It defends your ownership rights to your brand name. Once you have officially registered your brand as a trademark, you have the right to take legal action against anyone who uses the same trademark.
- What does a logo’s copyright cover?
A logo’s copyright gives its author the only authority to use and distribute it. It protects the logo’s design elements, like the shapes, colors, and emblems.
- What fee does it take to trademark or copyright a logo?
Factors such as the jurisdiction, whether you seek legal assistance, and the cost of any extra services all matter. Even if the registration fees are first inexpensive, if someone later violates your rights, there may be charges associated with enforcement.
- Is my logo subject to copyright or trademark?
Although copyright protection is inherent, registering your trademark can give you evidence of ownership and further legal benefits. Including a trademark in your logo provides extra defence, especially against unauthorized usage in commerce.
- What makes copyright registration for a logo different from trademark registration?
Both the Trade Marks Act and the Copyrights Act provide protection for logos. You can get brand name protection through trademark registration, which additionally provides some protection for how the trademark is portrayed. Copyright registration is strongly recommended, even if you need exclusivity for the use of your brand or emblem. However, copyright registration does not protect the brand name.
