Copyright vs Trademark: How to Protect Your Logo in India
Two rights in one logo: what copyright and trademark each protect, who owns a designer’s work, and what to file first.
- Written by
- Advocate, intellectual property
- Reviewed by
- Registered Trade Marks Agent
- Updated
- · 6 min read
A logo can be protected twice in India. Copyright protects the artwork as an artistic work from the moment it is created; registration with the Copyright Office is optional but useful evidence. A trademark protects the logo as a brand for specific goods and services once registered with the Trade Marks Registry, and is renewable every ten years. Most businesses should register the trademark first and secure the copyright from their designer in writing.
- Reviewed by
- Registered Trade Marks Agent
- Last updated
On this page · 6 sections
How do copyright and trademark protection for a logo differ?
They protect different things and are enforced in different ways, which is why they work well together.
| Copyright in the logo artwork | Trademark in the logo | |
|---|---|---|
| What it protects | The original artwork against copying | The logo as a sign of origin for your goods or services |
| How it arises | Automatically on creation; registration optional | By use, but registration gives the statutory rights |
| Where to register | Copyright Office, Form XIV | Trade Marks Registry, Form TM-A |
| Test for infringement | Copying of a substantial part of the artwork | Use of an identical or similar mark likely to confuse |
| Covers | Any use of the artwork, in any field | The registered goods and services, and similar ones |
| Duration | Generally the author’s lifetime plus 60 years | 10 years, renewable indefinitely |
| Symbol | © | ™ when pending, ® once registered |
Copyright Act, 1957 and Trade Marks Act, 1999. A word on its own, such as a brand name, is generally not protected by copyright; it is protected as a trademark.
Which should you register first for a logo?
For a business logo, the trademark comes first, through trademark registration of the logo as a device mark. A trademark registration gives you the exclusive right to use the logo for your goods and services and to stop confusingly similar logos, including ones that are not copies. That is the protection that matters in the market, and it is also what marketplaces, franchisees and investors ask for.
Copyright adds two things a trademark does not:
- Protection against copying in unrelated fields. A competitor in a class you have not registered may still infringe copyright by reproducing the artwork.
- Evidence of authorship and date. A copyright registration is prima facie evidence of the particulars entered in the Register of Copyrights, which helps in disputes about who created the logo and when.
The section 45 search certificate
There is a statutory link between the two systems. Under the proviso to section 45 of the Copyright Act, an application to register an artistic work that is used or capable of being used in relation to goods or services must include a certificate from the Registrar of Trade Marks that no identical or deceptively similar trademark has been registered or applied for by anyone else. The certificate is requested from the Trade Marks Registry on Form TM-C. In practice this means the trademark side is searched before copyright registration is granted.
Who owns a logo created by a designer?
This is the most common gap we find. Under section 17 of the Copyright Act, the author is the first owner of copyright. For a logo, the author is the person who drew it. An employee who designs a logo in the course of employment creates it for the employer, but a freelance designer or agency remains the first owner unless they assign the copyright to you.
An assignment of copyright must be in writing and signed by the assignor (section 19). An invoice, an email saying "it’s yours" or payment alone are not enough. Without a written assignment, the designer could in theory license the same artwork to others or object to your use beyond what was agreed.
The fix is simple and cheap if done early: a short deed of assignment from the designer to your business, covering the final logo, its drafts and all variants, worldwide, for the full term of copyright. If you apply for copyright registration of the artwork, the Copyright Office will expect the applicant’s ownership to be clear.
How should a new logo be protected, step by step?
Before launch
Get a written assignment from the designer
Signed by the designer or agency, covering the final logo and all variants.
Before launch
Search the trademark register
A trademark search for similar logos and words in your classes.
Launch
File the trademark application
A device (logo) mark on Form TM-A in each class you need, and the word mark separately if the name matters on its own. Use ™ from filing.
After filing
Request the section 45 certificate
Form TM-C to the Trade Marks Registry, for the copyright application.
After filing
Register the copyright
Form XIV with the Copyright Office for the artistic work, with the assignment and the certificate.
On registration
Switch to ®
Once the trademark is registered, use ® with the logo on the registered goods and services.
Should I register the word or the logo?
Often both
A word mark protects the name in any style, which is broader. A logo registration protects the design, and can sometimes be registered where the word alone would face a descriptiveness objection. Brands that will redesign their logo over time usually treat the word mark as the core asset. Our guide to section 9 and section 11 objections explains why.
Questions about protecting a logo
Is copyright registration compulsory for a logo?
No. Copyright exists automatically once the original artwork is created. Registration is optional evidence of the particulars, useful in disputes.
Can I copyright my brand name?
Generally no. Short words and names are not protected as literary works. A brand name is protected by registering it as a trademark.
Does trademark registration of my logo also give me copyright?
No. They are separate rights under separate Acts. Copyright belongs to the author or to whoever the author assigned it to in writing; the trademark belongs to the applicant who registers it.
My designer used a stock icon in the logo. Is that a problem?
It can be. Stock licences often exclude use in logos or trademarks, and you cannot claim copyright in someone else’s artwork. Check the licence and, if needed, replace the element before filing.
What does the Copyright Office do after I apply?
There is a waiting period for objections, after which the application is examined. Discrepancies are communicated to the applicant, and the work is entered in the Register of Copyrights once cleared.
Can I stop someone using a similar logo in a different industry?
Trademark rights are strongest for your registered goods and similar ones. If the other logo copies your artwork, copyright may help regardless of industry. A well-known trademark can also be protected across industries.
Can the designer object to my trademark if copyright was never assigned?
Potentially. Section 11(3)(b) of the Trade Marks Act allows refusal of a mark whose use could be prevented by copyright law, and the copyright owner can oppose. A written assignment before filing removes the risk.
Should the logo be registered in black and white or in colour?
A trademark filed in black and white generally covers the logo in any colour, while a colour filing is limited to those colours but protects them as part of the mark. Many owners file the black-and-white version first and add a colour version if the colours are distinctive.
