Copyright & Trademark

Overview on Copyright Registration

Copyright Registration is used to protect the work of authorship, plays, books, and even websites. Unlike a trademark, which renders the protection against replication of the brands and logo, the scope of copyright protection is confined to the exact piece of work.

The Indian Copyright Act 1957 regulates the subject of copyright in India.

A Copyright doesn’t offer any coverage to ideas or notions but instead emphasizes the expression of the same.

Once registered under the copyright act, the owner obtains the exclusive right toward his work. Under copyright protection, the owner can reproduce his work, or create something that inspires from the original piece. Moreover, the owner is also free to share his work publically via performance or display.

Coming to its validity, the copyright generally lasts for sixty years from the date of registration.

In the case of artistic, dramatic, and musical works, 60 years’ validity becomes active after the one year of the author’s demise. In the case of photography, films, posthumous publication, sound recording, and pseudonymous publications, the validity of 60 years commences from the date of publication.

Since there is no compulsion on anyone to obtain a copyright registration, it can be availed through the voluntary action by artists seeking protection of their work. The registration does not grant any new authority, and it is not a medium for initiating action against violations.

Overview on Trademark Registration-

A trademark acts like an identity of your brand in the marketplace. The most typical trademarks are product names, slogans, and logos.

However, it is feasible to register a non-traditional trademark, as well. Distinctive color patterns, soundtracks, and even smell can come under the category of trademark registration.

The Indian trademark law safeguards the trademarks as per the regulations cited under Trademark Act, 1999.

Figuring out which aspect of your business seeks trademark registration can be an intimidating task—emphases on those business aspects that have direct exposure to your customers.

The ultimate objective of any business is to reap the highest ROI and make the products or services stand out in the crowd. A registered trademark has the potential to garners these benefits for you.

Once registered, the trademark can help your brand grow over time by creating customer loyalty.

The globalization of brand names, trade, trade name, and mark has garnered a distinctive value that seeks legal protection and effective enforcement procedure as mentioned under the TRIPS.

In the purview of the same, the government made some relevant amendments in Indian Trade and Merchandise Marks Act, 1958 and decided to enact a new act – Trade Marks Act, 1999. The new act enclose all the provisions and regulation in accordance with the international systems and practices

Moreover, the Trademark Registration remains valid for ten years from the date when the application was filed. Such registration can be renewed by filing the renewal application to the concerned authority within six months of the expiration date.