Is it worth registering your logo as both a copyright and a trademark?

With the ever-changing and highly competitive business landscape, branding has become a critical determinant of a company's identity. A logo, for instance, is among the most identifiable and precious aspects of that identity. It conveys visually the brand's meaning, which at times becomes synonymous with the quality and trust deemed to be in the products or services offered by the company. Given such importance, it is important that the logo be sufficiently safeguarded from unauthorized usage or imitation. In India, logos are protected under the Copyright Act of 1957 as well as the Trademarks Act of 1999. Yet most business owners and content producers are unsure if it is advisable or even worth it to go for both forms of registration. This paper goes in-depth into the legal structures, functional usages, and strategic benefits of registering a logo as a trademark as well as a copyright.

Understanding Copyright Protection

Copyright is a collection of rights accorded to creators of original works, such as literary, artistic, musical, and dramatic works. Section 14 of the Copyright Act of 1957 lays down that copyright owners have exclusive rights over reproducing, distributing, performing, or adapting their works [1]. For a logo to be a candidate for copyright protection, it has to be original and qualify as an artistic work. This encompasses logos that are graphically styled or have visual elements and not just typographic.

In India, automatic copyright protection arises when an original work is created. Registering the copyright, however, is beneficial in the following ways:

• Legal Proof: Registration is prima facie evidence of ownership in court.

• Commercial Use and Licensing: Registered copyrights are easier to assign or license.

• Remedy Against Infringement: Having written proof of ownership makes it easier to take legal action.

Despite the automatic right, it is strongly advised that creators themselves formally register their logos with the Copyright Office to claim stronger enforcement rights.

Understanding Trademark Protection

A trademark refers to an indicative and distinguishing sign or symbol employed in business to distinguish and identify goods or services. A trademark under Section 2(zb) of the Trade Marks Act, 1999, refers to a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors. A logo employed in trade can be registered as a trademark if it identifies the business's products from others.

Protection by trademark occurs only after registration with the Controller General of Patents, Designs, and Trade Marks. The advantages of getting a logo registered as a trademark are as follows:

1. Exclusive Use: The owner acquires exclusive rights over the logo, and he can also use the mark concerning particular goods or services [2].

2. Legal Protection: By registering a trademark, you can obtain injunctions and damages as legal remedies against infringement.

3. Business Value: A registered trademark adds to the company's brand equity and can be commercially licensed or franchised in accordance with the owner's desires.

4. Market Recognition: The presence of ® (registered) and ™ (pending) symbols indicates legitimacy and discourages potential infringers.

Case Study: The Dual Nature of Logo Protection

Suppose a fashion company has created a logo made up of a stylized peacock feather. The design is eligible for copyright protection due to its degree of intricacy and creative uniqueness. The logo is concurrently printed on labels, store banners, and promotional materials to act as a brand identifier. If the business registers it under both trademark and copyright law, it will gain:

• Protection of art from imitation or modification.

• Commercial protection against the use of confusingly similar marks by rivals.

• The brand has more creative and commercial control over the logo as a result of this double registration.

Symbolic Representation

• © (Copyright): Denotes protection of originality in the artistic work.

• ™ (Trademark): Applied to unregistered trademarks, it shows the intent to claim.

• ® (Trademark): Reserved for trademarks registered under the Trademarks Act.

Legal Precedents

In Eastern Book Company v. D.B. Modak (2008), the Supreme Court highlighted originality for copyright protection. The Court emphasized the possibility of consumer confusion as the basis for trademark infringement in Cadila Healthcare Ltd. v. Cadila Pharmaceuticals Ltd. (2001)[3]. These cases demonstrate how trademarks and copyrights operate on different levels: trademarks protect against misidentification, while copyright protects expression.

Strategic Considerations for Businesses

• Startups: These early-stage companies should register for copyright to establish authorship and avoid duplication.

• Established Brands: Trademark registration takes center stage to avoid brand dilution and customer confusion.

• Export-Oriented Businesses: Madrid Protocol trademark registration permits international protection.

Common Misconceptions

• Copyright is sufficient, not if the logo is commercially used. Copyright acts as protection against copying, not market confusion.

• Trademarks supersede copyrights." No, both coexist independently and provide distinct protections.

• Registration is optional." Legally, yes, for copyright, but in practice, both must be registered for strong enforcement.

Registration Process in India

Copyright:

• Applications are filed through e-filing on the portal of the Copyright Office.

• A Graphical representation of the logo must be made.

• The Filing costs approximately. ₹500 – ₹2,000.

• The approx. The time taken to register the copyright may extend up to 2-6 months.

Trademark:

• It can be done online or through the physical filing of the TM-A form.

• We need to choose a suitable and relevant class of goods/services.

• Registration fee is ₹4,500 (individual/startup) or ₹9,000 (others).

• The approx. The time it takes to register the trademark may extend up to 6-18 months (can use ™ in the interim).

Dual Registration of an IP: A Shield and Sword

Maintaining a logo under both copyright and trademark gives one an umbrella legal framework:

• As a shield, it protects against unauthorized reproduction and brand misrepresentation.

• As a sword: Enables legal action, licensing, franchising, and monetization.

This approach becomes increasingly vital in the digital world, where logos are freely disseminated, reused, and potentially abused across media.

In Conclusion, A logo is not a piece of design but a seal of genuineness and a mark of confidence. Registration under the copyright law safeguards the aesthetic value of the logo, whereas registration under the trademark law guarantees its distinctiveness in commerce. Under India's legal system, both provide complementary but different levels of protection. For companies seeking to establish, develop, and protect their brand, double registration is not simply a matter of law—it is a business necessity. Registering your logo under both systems strengthens your ownership, prevents infringement, and optimizes commercial advantage.

1. [1] Section 14, The Copyright Act, 1957 (India)

2. [2] Section 2(zb), The Trademarks Act, 1999 (India)

3. [3] Eastern Book Company v. D.B. Modak, (2008) 1 SCC 1