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Trademark

Copyright Registration for Trademarks in India: TM-C, Process, Fees and Documents

A business may already have a logo or brand identity and still wonder: “If I am applying for a trademark, do I also need copyright registration?” The confusion is common because.

Published 2 August 20267 min readBy Kar Sathi Team
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Copyright Registration for Trademarks in India: TM-C, Process, Fees and Documents - Kar Sathi

IN THIS GUIDE

  1. Copyright Registration for Trademark at a Glance
  2. Copyright and Trademark: What Is the Difference
  3. Documents Required
  4. Step-by-Step Copyright Registration Process for a Trademark Logo
  5. Fees and Timeline
  6. Common Mistakes
  7. Conclusion

A business may already have a logo or brand identity and still wonder: “If I am applying for a trademark, do I also need copyright registration?” The confusion is common because trademarks and copyright can sometimes protect different aspects of the same brand.

A trademark mainly protects a brand identifier used in business, while copyright protects original creative expression. When an original logo or artistic work is used, or is capable of being used, in connection with goods or services, there is a specific process to consider for copyright registration, including a TM-C search certificate from the Trade Marks Registry. ([IP India][1])

Copyright Registration for Trademark at a Glance

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IMPORTANT INFORMATION

Government Information Sources & Disclaimer

Kar Sathi is an independent private platform and is not affiliated with, endorsed by, sponsored by, or authorized by any government entity. Government-related information provided by Kar Sathi is for informational purposes only. Users should verify information with the relevant official government source.

Official government source links

Use these official websites to verify current information:

  • Income Tax Departmenthttps://www.incometax.gov.in/ (opens in a new tab)
  • GSThttps://www.gst.gov.in/ (opens in a new tab)
  • Ministry of Corporate Affairs (MCA)https://www.mca.gov.in/ (opens in a new tab)
  • Food Safety and Standards Authority of India (FSSAI)https://www.fssai.gov.in/ (opens in a new tab)
  • Udyam Registration (MSME)https://udyamregistration.gov.in/ (opens in a new tab)
  • Intellectual Property India (Trade Marks)https://ipindia.gov.in/ (opens in a new tab)
  • Directorate General of Foreign Trade (DGFT / IEC)https://www.dgft.gov.in/ (opens in a new tab)
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Particular

Details

Main Protection

Original artistic/creative work

Common Brand Asset

Original logo or artistic device

Copyright Application

Form XIV

Special Requirement

TM-C Search Certificate for relevant artistic works

Copyright Government Fee

₹2,000 per work for artistic work used/capable of being used with goods or services

TM-C E-filing Fee

₹9,000 per mark

Ordinary TM-C Timeline

Ordinarily within 30 working days

Copyright Objection Period

30 days from receipt of application

Authority

Copyright Office and Trade Marks Registry

The Copyright Office confirms that copyright arises automatically when an eligible original work is created; registration is not mandatory to create copyright. Registration, however, can serve as prima facie evidence regarding the particulars entered in the Register of Copyrights. ([IP India][2])

Copyright and Trademark: What Is the Difference?

Copyright and trademark are separate intellectual-property rights.

A trademark can protect signs that distinguish the goods or services of one business from another, including words, logos, symbols and certain other marks. ([IP India][1])

Copyright, on the other hand, protects original works such as literary, dramatic, musical and artistic works, cinematograph films and sound recordings. ([IP India][2])

For a business logo, there can sometimes be an overlap. The logo may function as a trademark because it identifies the business and may also qualify as an artistic work for copyright purposes.

However, this does not mean every trademark or business name automatically qualifies for copyright registration. The nature and originality of the work matter.

Important Note: Trademark registration and copyright registration are not substitutes for each other. Depending on the asset and business use, a business may consider one or both forms of protection.

Why Is TM-C Required for Certain Copyright Applications?

This is one of the most important points when registering copyright in a business logo.

Where an artistic work is used or is capable of being used in relation to goods or services, the Copyright Office states that the copyright application should be accompanied by a certificate from the Registrar of Trade Marks showing that no identical or deceptively similar trademark has been registered or applied for by another person, as provided under Section 45. ([IP India][2])

The request for this search certificate is made in Form TM-C. Under Rule 22 of the Trade Marks Rules, 2017, the Registrar conducts the relevant search and issues the certificate subject to the applicable requirements. ([IP India][3])

Documents Required

The documents can vary according to ownership and the nature of the work, but commonly relevant documents include:

  • Copy of the logo or artistic work
  • Applicant's name, address and nationality details
  • Details of the author/creator
  • Form XIV and prescribed statements
  • TM-C Search Certificate, where applicable
  • Author's NOC where the copyright owner and author are different, where required
  • Authorisation/Power of Attorney documents, where applicable
  • Publication details, if the work has already been published
  • Supporting ownership or assignment documents, where relevant

Each copyright registration application is for one work only and must be accompanied by the applicable fee. ([Copyright Office of India][4])

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Step-by-Step Copyright Registration Process for a Trademark Logo

1. Check the Nature of the Logo

First determine whether the material being protected is an original artistic work.

A plain business name and a professionally designed artistic logo should not automatically be treated the same way.

2. Apply for the TM-C Search Certificate

For an artistic work used or capable of being used with goods or services, request the required search certificate through Form TM-C.

The current official fee schedule lists ₹9,000 for electronic filing of the ordinary TM-C request and ₹10,000 for physical filing. The expedited electronic request is listed at ₹30,000. ([IP India][5])

Under Rule 22, an ordinary certificate is stated to be issued ordinarily within 30 working days, while the expedited route is stated as ordinarily within seven working days, subject to the applicable requirements. ([IP India][3])

3. Prepare Form XIV

Copyright registration is made through Form XIV. The application contains details about the work, applicant, author, ownership and related particulars. ([Copyright Office of India][6])

4. Pay the Copyright Registration Fee

For an artistic work used or capable of being used in relation to goods or services, the Copyright Office currently prescribes a government fee of:

₹2,000 per work. ([Copyright Office of India][7])

Government fees may change, so the latest official schedule should be checked before filing.

5. File the Application and Supporting Documents

The application can be filed using the Copyright Office's prescribed process, including its online filing facility. ([Copyright Office of India][4])

The submitted information should remain consistent across the TM-C certificate, artwork and copyright application.

6. Wait for the Objection Period and Examination

Rule 70 provides a 30-day period from receipt of the copyright application during which objections may be received. If no objection is received and the Registrar is satisfied with the application particulars, the details may be entered in the Register. ([Copyright Office of India][4])

This 30-day period should not be confused with a guaranteed registration timeline. Overall processing can take longer if examination issues or objections arise.

Fees and Timeline

Particular

Current Government Fee / Timeline

TM-C Search – E-filing

₹9,000 per mark

TM-C Search – Physical

₹10,000 per mark

Expedited TM-C – E-filing

₹30,000

Copyright of Relevant Artistic Work

₹2,000 per work

Ordinary TM-C

Ordinarily within 30 working days

Expedited TM-C

Ordinarily within 7 working days

Copyright Objection Window

30 days from receipt of application

These are statutory/government charges and should always be verified against the current official fee schedules before filing. ([IP India][5])

Practical Example

Suppose a company creates a distinctive graphic logo called “Zenvora” and uses it on its products, website and packaging.

The business may consider trademark registration to protect the logo as a source identifier. If the logo also qualifies as original artistic work and the company wishes to register its copyright, the copyright procedure may require a TM-C Search Certificate because the artwork is being used in connection with goods or services.

The two registrations deal with different legal rights even though the same logo may be involved.

Common Mistakes to Avoid

Businesses often make avoidable mistakes such as

  • Assuming trademark registration automatically registers copyright
  • Assuming every brand name qualifies for copyright protection
  • Filing the copyright application without checking whether TM-C applies
  • Submitting a logo different from the artwork covered by TM-C
  • Not clarifying ownership between the designer and business
  • Filing without an author's NOC or assignment document where relevant
  • Treating the 30-day objection period as a guaranteed registration period
  • Paying fees under the wrong category

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Why Choose Kar Sathi?

Brand protection can involve more than simply filing one application. Kar Sathi can help businesses understand whether their logo should be considered for trademark registration, copyright registration or both.

Support can include reviewing the artwork, assisting with the TM-C request, organising the required documents, preparing the copyright registration application and helping keep the filing information consistent throughout the process.

Readers can also refer to Kar Sathi's Trademark Registration Guide, Trademark Class Search Guide and Trademark Objection Reply Guide for related trademark requirements.

Conclusion

Copyright registration and trademark registration protect different aspects of intellectual property, but an original business logo can sometimes involve both systems.

For an artistic work used or capable of being used in relation to goods or services, the TM-C Search Certificate is an important part of the copyright registration process. Before filing, confirm ownership of the artwork, keep the logo consistent across applications and check the latest government requirements and fees.

Need help with Copyright Registration or TM-C for your trademark logo? Contact Kar Sathi for professional assistance before filing.

Official References

Copyright Office — Registration guidance and copyright basics. ([IP India][2])

Copyright Office — Copyright Rules, 2013, Rule 70. ([Copyright Office of India][4])

Copyright Office — Current Fee Details. ([Copyright Office of India][7])

IP India — Trade Marks Forms & Official Fees / TM-C. ([IP India][5])

IP India — Trade Marks Rules, 2017, Rule 22. ([IP India][3])

[1]: https://ipindia.gov.in/basics-of-trademarks?utm_source=chatgpt.com "Basics of Trademarks"

[2]: https://ipindia.gov.in/basics-of-copyright?utm_source=chatgpt.com "Basic of Copyright"

[3]: https://ipindia.gov.in/tm-rules-2017?utm_source=chatgpt.com "Trade Marks Rules, 2017"

[4]: https://copyright.gov.in/Copyright_Rules_2013/chapter_xiii.html?utm_source=chatgpt.com "CHAPTER XIII"

[5]: https://ipindia.gov.in/pages/trade-marks/learn/forms-and-official-fees?utm_source=chatgpt.com "IP India - Intellectual Property India | Government of India"

[6]: https://copyright.gov.in/Copyright_Rules_2013/formxiv.html?utm_source=chatgpt.com "FORM-XIV"

[7]: https://copyright.gov.in/frmfeedetailsshow.aspx/Society/Documents/Images/JQuery/Default.aspx?utm_source=chatgpt.com "Fee Details :: Copyright Office"

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COMMON QUESTIONS

Answers before you file.

A business may already have a logo or brand identity and still wonder: “If I am applying for a trademark, do I also need copyright registration?” The confusion is common because trademarks and copyright can sometimes protect different.

EXPLORE THIS CATEGORY

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