Copyright for Artwork and Logos in India
Artistic works · Section 2(c) and Section 45, Copyright Act, 1957 · Form XIV
Paintings, drawings, illustrations, photographs and logos are artistic works under Section 2(c) of the Copyright Act, 1957, and can be registered with the Copyright Office on Form XIV. A work used, or capable of being used, on goods or services, such as a logo or a label, attracts a ₹2,000 fee and needs a search certificate from the Trade Marks Registry (Form TM-C) that no identical or similar mark is registered or applied for by anyone else (Section 45(1)). Other artistic works cost ₹500 per work.
- Reviewed by
- Registered Trade Marks Agent
- Last updated
- Designer’s rights secured. A written assignment from the person who drew the artwork.
- TM-C certificate obtained. The Trade Marks Registry search filed before the copyright application.
- Trademark filed alongside. The logo protected as a brand, not only as art.
- Vashi, Navi MumbaiOur office, Sector 30A
- Since 2008Filing with IP India
- Copyright OfficeForm XIV, objections and hearings
- Logo protectionCopyright and trademark together
Copyright for artwork and logos at a glance
- Category
- Artistic work (Section 2(c), Copyright Act, 1957)
- Form
- Form XIV with a Statement of Particulars
- Fee
- ₹2,000 per work used on goods or services; ₹500 per work otherwise
- Extra for logos and labels
- Search certificate from the Trade Marks Registry on Form TM-C
- Term
- Artist’s lifetime plus 60 years
Which artistic works can be registered?
| Work | Examples | Used on goods? |
|---|---|---|
| Painting, drawing, illustration | Canvas art, digital illustrations, comic art | Usually not, unless printed on products |
| Photograph | Professional, product and editorial photographs | Sometimes |
| Logo and brand artwork | Logos, labels, packaging artwork, mascots | Yes: ₹2,000 fee and TM-C certificate |
| Sculpture and works of artistic craftsmanship | Sculpture, handcrafted art pieces | Depends on use |
| Architectural work | Buildings and models with an artistic character | No |
| Maps, charts and plans | Original diagrams and plans | Usually not |
Should you protect a logo with copyright or a trademark?
Ideally both, because they do different jobs. A trademark protects the logo as a badge of origin for your goods or services: it lets you stop others using an identical or confusingly similar mark in trade, even if they did not copy yours. Copyright protects the logo as artwork: it lets you stop anyone copying the drawing itself, in any context, but not a similar logo drawn independently.
Copyright also gives a ground to oppose or cancel someone else’s trademark that copies your artwork (Section 11(3)(b), Trade Marks Act). Many businesses therefore register the logo as a trademark in their classes and as an artistic work with the Copyright Office.
Before either filing, check who owns the artwork. A logo drawn by a freelance designer or an agency belongs to the designer unless it has been assigned to you in writing (Section 19). Paying the invoice does not transfer copyright. Get the assignment signed when the logo is delivered.
What is the TM-C search certificate, and why is it needed?
For an artistic work used or capable of being used on goods or services, the proviso to Section 45(1) of the Copyright Act requires the application to include a certificate from the Registrar of Trade Marks that no identical or deceptively similar trademark has been registered, or applied for, by anyone other than the applicant.
The certificate is requested from the Trade Marks Registry on Form TM-C (Rule 22, Trade Marks Rules, 2017). The Registry searches its records and issues the certificate, and an expedited search is available. If the search finds a conflicting mark belonging to someone else, the copyright application for that artwork will face difficulty, which is also a signal to review your trademark position.
How do you register copyright in a logo or artwork?
Before filing
Secure ownership
Obtain a written assignment from the designer or artist, or confirm the work was made by an employee in the course of employment.
Logos and labels
Request the TM-C search certificate
Filed with the Trade Marks Registry; the certificate is attached to the copyright application.
Day 1
File Form XIV online
With the Statement of Particulars, the artwork, consents and the fee. A diary number issues.
30 days
Objection period
Any person may object within 30 days.
After 30 days
Examination
The Office examines the application and may raise a discrepancy letter.
On approval
Registration
The work is entered in the Register of Copyrights and the extract issued.
What documents are needed to register artwork or a logo?
The work
- A clear image of the artwork or logo
- Title of the work and year and country of first publication, if published
- Whether it is used, or will be used, on goods or services
Ownership and consents
- Assignment from the designer or artist, or an NOC from them
- TM-C search certificate from the Trade Marks Registry, for works used on goods or services
- NOC from any identifiable person shown in a photograph
- Power of attorney if an agent files for you
Artwork on products can lose copyright
If artwork is applied to products as a design, such as a textile print or a pattern on homeware, and the design could have been registered under the Designs Act, 2000 but was not, copyright in it ends once the owner or a licensee has reproduced it industrially on more than 50 articles (Section 15(2)). For product patterns, consider design registration.
Artwork and logo copyright FAQs
Who owns the copyright in a logo made by an agency?
The agency or the individual designer, unless they assign it to you in writing. Ask for a signed assignment of copyright with the final files.
Is copyright registration enough to protect my logo?
No. It protects against copying of the artwork. To stop similar logos used in trade, register it as a trademark as well.
Can I register a photograph I took?
Yes. The photographer is generally the author and first owner. If the photograph was taken for someone else for payment, check the agreement, because the commissioning party may own it.
Can I register artwork made with digital tools?
Yes. Digital paintings, vector illustrations and other digital artwork are artistic works like any other, provided they are original.
Why does a copyright application for a logo need a trademark search?
Because the Copyright Act requires it for artistic works used on goods or services. The TM-C certificate confirms that no one else has registered or applied for an identical or similar trademark.
Does registering copyright stop others from using similar colours or styles?
No. Copyright protects the specific artwork, not a colour, a style or a general idea. Close copies of the work itself are what it stops.