The logo is the visual identification of a trade. For example, The M on any package or store identifies as a product from McDonald’s or a McDonald’s store. The logo is generally trademark registered, but in case the design of the logo is a unique artwork, then it can be copyright protected limited to the artistic feature. However, if the logo is only copyright registered, it shall not receive trademark protection. Therefore, the needful registration for the respective purposes must be accomplished.
The copyright registration is done by following these steps:
Step 1: An application form has to be submitted, which is available both online and offline. However, the online mode is preferred over the physical method in the present period. When submitting the application form, must duly fill it with all the required information and fee payment. When you apply, you get a diary number, note it down, and save somewhere easily accessible to you.
Step 2: Post the submission of the application, an investigation or scrutiny is conducted by the experts. This may take up to 30 days for scrutinization or examination to check the originality of the piece of artwork. For the examination being conducted, there are two ways: There is No objection: If there is no objection to the originality of the artwork, the application is forwarded to an examiner. The examiner submits a report either with a discrepancy or without it. If there is no discrepancy, a clean chit is provided to the application, and the next step is to forward the application. Otherwise, a notice must be sent to the applicant stating the reason for the discrepancy. To which the applicant has to provide a suitable clarification.
The application can be forwarded only after the clearance of the discrepancy. There has been an objection: The authorities shall call up both the applicant and the person objecting. A negotiation shall be conducted to resolve the matter and take the objection back. Moreover, even if the objection is not taken back, it shall control the registrar. If he accepts it, then the objection shall stand rejected, and if there is any discrepancy, it has to be sorted before it proceeds for the next step.
Step 3: Everything being clean and clear from the registrar's end, the applicator shall receive the certificate of registration of copyright. On receiving that, the owner shall be entitled to exercise all rights as prescribed under the Act.
If the logo is not trademark registered, will it lose copyright protection? Copyright protection exists throughout the lifetime and till sixty years after the creator's death. The trademark, if registered, is valid for only 10 years, but if it is not renewed, the copyright protection provision is not waived off. It shall remain with the copyright owner till the granted validity period.