Copyright a Business Name

Copyright a Business Name Know the Procedure

Online Legal India LogoBy Online Legal India Published On 13 Apr 2024 Category Trademark

In this article, we will make you understand easily the whole process of copyrighting a business name. This article will cover the full process of copyrighting a business name, like choosing a distinctive mark, filing applications, and if any objection arises, how you can reply to that objection. 

In the dynamic market of India, It is very important to protect your brand from your competitors. If you don’t protect your brand, then your competitor or anyone can use your brand logo, tagline or anything to establish their own business. 

Copyright of a Business name and Logo:

The logo and name of a service or product is the face through which the customers or consumers know them. The market value of big brands like Pepsi, Nike Apple is hidden from nobody. Their logo or brand name is enough to magnetize people and create consumer trust. The increasing importance of brand value makes more and more people seek protection for their unique brand logo or name.

However, there is still a lot of confusion about the kind of protection to be sought out of the three options. People often question how to copyright a name and logo in India. This question conveys confusion. Thus, to gain a better understanding of the copyright brand name we will discuss the kind of Intellectual Property Right to be sought and the incorporation process.

Let’s understand about Copyright Registration:

A copyright is a sign, expression and a unique symbol that identifies and differentiates your goods or services in the marketplace. It’s not just a logo or a brand name service in the marketplace. It's more than simply a name or logo—it's a potent weapon that communicates to consumers the unique personality of your company.

The Significance of a Copyright on a business name lies in three key areas: 

  • Legal Protection, 
  • Brand Identity 
  • Market positioning. 

Copyright serves as the recognizable face of your company, inspiring consumer loyalty and trust. Legally, it gives you exclusive rights to use your brand identity and allows you to take action against unauthorized use. In a vibrant market like India, a registered copyright enhances your brand’s standing, helps you to stand out in the competition, and can be a top-notch point for business growth. A brand name can be protected through trademark and copyright registration.

First, let’s go through, who can apply for trademark/ copyright registration.

  • Individuals
  • Proprietorship firms
  • Partnership firms
  • Limited Liability Partnership
  • Foreign Companies
  • Indian Companies
  • Trusts and Societies
  • Joint/ Co-owners of the company

This ensures that entities are entitled to apply for copyright/trademark registration.

Kind of Trademark/ Copyrights available in India:

Different trademark registrations are made in India for a variety of reasons, all to give customers the ability to identify goods and services linked to certain producers or suppliers. Here, we examine the many types of trademark registrations that are accessible:

Service Mark- A service mark is used to distinguish services rather than tangible goods, much like a product mark. The main purpose of service marks is to set some service providers apart from others. Applications for trademarks in classes 35 through 45 are frequently viewed as service marks associated with services.

Product Mark- This kind of trademark is applied to commodities or products to help identify where they came from and protect a business's reputation. Since they relate to tangible goods, trademark applications under classes 1-34 are usually categorized as product marks.

Collective Mark- A collective mark communicates particular qualities of goods or services connected to a certain group. It enables people or organizations to defend and represent products and services collectively. An association, a public institution, or a Section 8 corporation may be the trademark holder.

Certification Mark- The owner issues these marks to provide details on the provenance, makeup, calibre, and other relevant information about a product. Certification markings offer requirements to products and reassure customers that they fulfil uniform criteria for quality. Toys, electronics, and packaged goods are frequently found to contain them.

Shape Mark- Shape marks are used to maintain a product's unique shape and let buyers identify it as coming from a certain manufacturer. Registration is subject to the shape being accepted as unique.

Pattern Mark- Products with distinctive, created patterns that act as differentiators are designated with pattern markings. In order for these patterns to be eligible for registration, they must be clearly identifiable.

Sound Mark- Suppliers' trademarked noises are connected to their goods and services. Commercials frequently start or end with sound logos, also referred to as audio mnemonics. The IPL theme song is one instance in India.

These many trademark registration categories give companies and organizations the freedom to safeguard their brand identification in light of their distinctive products and market presence.

Documents required for Trademark/ Copyright registration:

If you want to copyright your business name then you will need some documents. The documents are listed below:

Applicant’s Name: Name of the proposed company, Individual or any entity who is applying for the copyright/ trademark registration.

Business Objectives: Provide a small description about in which sector you are delivering your services or products.

Business type: Mention the kind of business that you are having, for example- partnership, proprietorship or private Limited Company. 

Brand Name: Mention clearly the logo, name or tagline that you intend to copyright.

Registration Address: Submit all the official addresses of the entity applying for copyright.

In India, there are various kinds of trademarks available for services and goods. These marks help in identifying their value and company reputation. All the services and products that fall under Trademark registration are classified under 

Let’s look at the steps of Trademark Registration:

We have to understand the process of getting a trademark registration in India for the logo and the name of a brand. Let’s look at the steps that are included in the following procedure:

1. Choose the Trademark:

The initial step of trademarking your business is to choose the kind of trademark you want, and your business falls under which class of trademark registration. Remember one thing while registering a trademark, the trademark should be unique and distinctive from your competitors and should not match with any other trademark. It's a good idea to get legal advice from a trademark attorney when selecting your trademark to ensure that it is available and that you are not violating any other trademarks. Always keep in mind that a strong trademark will play a significant role in your company identity, so pick carefully!

2. Create a Distinctive Logo and Brand Name

Making a unique brand name and logo is the first step towards trademarking it. The Trademark Act must be followed when creating your brand name and logo. Sections 9 and 11 are two specific laws that address registerable and non-registerable marks. These parts state that your proposed trademark for your brand name and logo must be distinct, original, free of any widely used phrases, and clearly indicate the goods and services it is intended for.

3. Conduct Online Search:

This is one of the most crucial steps when you are applying for your business name trademark. You have to see that whether the trademark is available or not. This process will also allow you to have a look at whether anyone else has a similar logo or name in their brand. If any other business is using the proposed logo or mark, then you cannot trademark that similar logo.

4. Complete the Registration Form:

Once you are done with your online research and decide on a trademark for your brand name, you have to register it. This can be done by filing the trademark registration form available on the IP India website.

Make sure you fill out the form with all the necessary information, such as:

  • The owner of the trademark's name and address
  • An explanation of the trademark
  • The products or services for which the trademark is intended to be used The initial date of trademark use in commerce
  • You must pay the filing fee after filling out and submitting the form. A registration certificate will be issued to you upon processing and approval of your application. Since it proves your trademark ownership, you must keep this document secure.
    1. Register your Trademark:

After receiving the notice of allowance from the USPTO, you will need to register the concerned Trademark with them. You have to do this, by filing the registration form and the required fees. After the successful registration of your trademark, you can use the “R” symbol, with your brand logo or brand name. You will also get listed on the trademark registry’s official website.

         2. Get your Trademark Registration Certificate:

After trademarking the business name, you will receive a trademark registration certificate. This is the ultimate document that proves that your trademark has been registered with the Trademark registry.

Conclusion: Copyrighting your business name can protect you and your brand from getting infringed by any other competitors or unauthorized brands. You can file a case against any brand which uses your brand's logo or symbol. If you still have any confusion regarding trademarking your business then you should consult with the trademark expert and if you don’t know where to go, then come to Online Legal India as they have vastly experienced experts and have catered to a lot of clients till now.

 


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