Once you developed your business name, it is also necessary to have a recognizable logo to create a visual representation of your brand. Your business logo design is practically an asset to your inventory.
Your logo must magnificently reflect your organizations market niche and brand identity. It should also be unique enough to alter your company from the competition.
As your brand naming and logo design are part of your brand’s DNA or your overall business, appeal for registration of the trademark and copyright as both elements is an important consideration.
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Difference between Copyright and Trademark
The only method to acquire protection for your logo is through copyright, trademark or both. In fact, many people here reclines the confusion with logos – most of them used to qualify for both trademark and copyright protection.
So, let’s try to understand the difference between Copyright & Trademark.
To get a rough idea about how copyright and trademark work, it’s essential to know which form of intellectual properties each preserve.
The main contrast between these two aspects is that copyrighting won’t safeguard your brand’s name and logo from transgression, but a trademark will.
In simple words, copyright is stimulated for artistic works protection, whereas trademark is created to prevent uncertainties in the company’s marketplace.
Also Read: Why Custom Logo Design Company Cost High?
Copyright Protection
According to the U.S Copyright Law, every fresh creative work of authorship is under preservation automatically.
In general terms, the copyright law preserves the “original works of authorship” manifested in a personified form (i.e. Logos, photos, movies, etc.)
Moreover, copyright does not protect ideas, systems, facts, or methods of performance; it protects the only ideal or unique approach you conveyed these things in your work.
Trademark Protection
Trademark is majorly about protecting elements that make a business recognizable in the market, and logos play a significant role in the modes of identification for a company’s image.
Therefore, logos are majorly protected by trademark and are enforceable under legal formalities.
The significant benefit of trademarks is that they can protect all details of your work from names, colors, fonts, etc.
You can trademark any form of your brand, from your words combination, symbol, or any type of design, making your brand stand out from competitors.
While copyright preserves your work invention, a trademark safeguards all the other significant elements so that no one else can utilize it.
Why it’s mandatory to have Copyright Certificate from a Designer?
The copyright protection shall commence when the designer develops Photoshop or creates a logo in illustration or other voltaic forms.
Once you are confirmed with your business logo from your designer, you must acquire your copyright certificate from that particular team. There might be a chance of risk where the designer can implement similar type designs on some other brands, and they get it to copyright for the design.
Also, the graphic design shall be granted for the copyright only if it includes both two-dimensional and three-dimensional works of art or graphic.
Thus, the copyright law protects the creative developers from plagiarizing and unauthorized misapplying of their work.
Why does Your Business Logo Design Need Trademark Protection?
When you design your business logo design from a designer, you might not think about all the legal formalities or some sort of problems that appear in the future. When you assign a designer to create a logo for you, the trademark is hand over to you once you take it over from them. Generally, there is a pattern of both parties entering a transfer agreement once the final files are transferred.
Moreover, as the trademark owner, it’s your choice to decide where the logo appears, how it is updated or revised and which parties have the right to license it for use in their own materials.
Thus, it is vital to register your trademark; someone else can get it done, which finally puts your business and product development at risk. Obtaining a registered trademark protects your brand, also provides you with the implements to prevent someone from using similar signs and taking off the back of your business.
How to Trademark your Business Logo In India
One of the major benefits of a registered trademark is that it helps your customers differentiate your products rather than your brand’s services.
However, before you commence your trademark procedures, ensure your logo is accessible for your acquisition and use.
The trademark law in India, i.e. (The Trademark Act, 1999), provides various representations and provisions that help the trademark holder’s right to be acquired. It helps create and file the application, rights assured in case of any transgression, methods to transfer the rights and remedies accessible for the owners. (source)
The major steps to be followed while registering your trademark in India are:
Step 1: Choose a Unique Logo
It is essential to ensure that your logo must be ideal and distinct. It is because any similarity with an existing trademark leads to transgression or rejection of the mark. Once the logo becomes commercial, it becomes the identity of that organization. To retain it legally, registration of the logo is essential.
Step 2: Trademark Search
Once you finalize your brand name and logo design, the next step is to have a rough search on whether someone has registered your mark or not. Once you are confirmed, you can forward to the next stage of class selection.
Step 3: Class Selection
The trademark gives your product or service to be categorized under different head sectors. Each of such sectors is known as class. The trademark Registry contains a total of 45 classes.
Step 4: Making the Trademark Application Form
Once you are done with the trademark selection and class search, the next step is to prepare the application form. The documents required for this purpose contains Business Identity Proof, Trademark Copy, Proof of Proposal claim and Power of attorney to be signed or submitted by the business owner.
Step 5: Examining the Logo
Once the filing is complete, the registrar will examine your logo and evaluate whether any change is required due to the laws.
Step 6: Publication or Advertisement
It is one of the essential steps in the process; once your trademark has been evaluated, it will now be issued by the Indian Market Journal.
Step 7: Registration and Certification
If no one opposed your brand name or logo within 3 months, the registrar would provide the Trade Mark Certificate, and thus your logo will get registered.
Conclusion
Trademarks are the most crucial assets to any business. A brand logo will help the users to identify you quickly. It will make a pitch in your business growth, and once the consumer is satisfied with your products or services, your brand will register in their mind.
You must be very cautious while deciding your brand’s logo because there is no going back once you get registered. Therefore, make sure you approach the best logo design agency to get it done for you.
With more than 18 years of experience, we, LogoPeople, has the story of satisfying more than 2000 clients worldwide by creating a unique logo for their company which made them get it registered very quickly without any hesitation. You can reach us, and our team is glad to hear your query also guide you in creating a unique fresh logo for your organization.
Author
Being a strategist’s head and a long term visionary personality aims to achieve excellence in branding, packaging and digital marketing field. My 15 years of design experience and masters degree ais my strength which keeps me motivated and keep me going positively. I have participated in extensive branding design conquests in India, USA, Australia and New Zealand with winning zeal. My objective is to encourage start-ups and hence involves actively in the articles which will act as a productive intake of knowledge for them. Do connect me personally via my LinkedIn and I love to share my expertise with you.
