Trademark & Copy Rights

Trademark normally refers to a “brand” or “logo”.

Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

It is also essential & business centric to obtain trademark registration for the business name/trade name under the Trademarks Act as registration under companies act does not give you protection.

What is TM and ® symbols?

'TM' stands for Trademark. The use of TM symbols notifies everyone who sees it that the organisation is claiming exclusive ownership of the trademark and one can claim that only after filing of Trademark application for it.

The ® symbol, could be used only once the trademark is registered and the registration certificate is issued.

COPYRIGHT ©

Copyright registration can be obtained for original works of art, literature, books, music, films, cds and computer programs.

It covers the following:

• Dramatic and musical work (i.e. Drama, Play, Movie, Tune etc.)

• Artistic work (i.e. Logo, Design etc.)

• Software / Computer Programme

• Work of Architecture

• Cinematograph Film

• Sound Recording

• Web site, Web Contents, Home Page.

TERM OF COPYRIGHT

- Validity of Copyright registration in India : Lifetime of Author + 60 Years

- IIn India, the first owner of copyright in a work is the author. If the work is done in course of employment then employee is the first owner, unless there is an agreement to the contrary. Where the work includes material from different owners, or for example is a translation of an original work, several owners may each have copyright in the final work. No objection certificate or relevant transfer documents to be obtained from the employees or appointed designers.