Copyright is the right not to copy someone’s work. Copyright gives the object owner exclusive rights to his or her work. If a work is protected by copyright, no one may imitate, copy or reproduce the original work in any way. Copyright term in India is 60 years. Copyright is one of the intellectual rights for the work done by the owner.
Copyright can be applied to following works:
- Literary works other than computer Program
- Musical Works including music and includes any graphical notation of such works
- Artistic Works including a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality, a work of architecture, any other work of artistic craftsmanship
- Cinematography Films including piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematograph film.
- Sound Recording
- Computer Programs, tables & Compilations including codes.
How to obtain a copyright registration in India?
The application form (including all the particulars and the statement of the particulars) in FORM IV format must be submitted to the registrar with the required fees (mentioned in Schedule. 2 of the Act.). A separate request must be made for separate work. This application can be filed online by the applicant by visiting https://copyright.gov.in/.
Once the application is filed a Diary number will be issued and within 30 days of filing the application if no objection is received by Registrar of Copyright, he can register the copyright unless he requires any correction in the application so filed. Before rejecting any application, the Registrar will give the opportunity for the applicant to be heard.
Simply put, a trademark is a symbol that represents your business. A visual symbol such as a verbal signature, name, device, label, number, or color combination used by a trademark owner for goods or services or other commercial products to distinguish them from other similar products or services of different companies. A trademark can be any word, symbol, brand name, packaging, tagline, or combination thereof, and is used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owner’s products or services from those of competitors.
Anyone who is an individual, business, or legal entity claiming to be the owner of the trademark can apply. Trademark applications can be filed online and upon making a payment towards application, an acknowledgment number will be issued, after that one can start using the “TM” symbol. After receiving the application, the Registry will review the application and issue an examination report. In the examination report, if there are any observations, the applicant needs to give a suitable reply with supporting documents within 30 days from the date of receipt of the examination report. If the Registry is satisfied with the reply, the application will be published in Trade Mark Journal for the public to share comments if any.
If no objections are received from the public, Trademark will be registered. Once registered, the applicant can use ® (registered symbol) next to your trademark. Once registered, the trademark is valid for 10 years from the filing date, renewable from time to time.
Different Types of Trademarks
A name (including personal or surname of the applicant or predecessor in business or the signature of the person).
A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
Alphanumeric or letters or numerals or any combination thereof.
Image, symbol, monograms, 3-dimensional shapes, letters, etc.
Sound marks in audio format.
Steps for trademark registration
Trademark search: This search is used to verify if your company name or logo is similar to other registered trademarks. Usually, a trademark agent or attorney does this search with the Trademark Office to see if any similar trademarks have been registered in that particular category. Public search for the trade mark can be done here.
Create a trademark application: Based on the results of the research carried out, an application can be filed online along with enclosing Power of attorney, Affidavit and proof for usage of Trade Mark.
Trademark registration: Cost: Government fees are Rs. 4,500/for individuals/startups/small businesses (will be 9,000 in all other cases)
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