Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. 

As they are original artistic works that have an element of creativity, they are also protected as copyrights.

Trademarks and copyrights are two different forms of intellectual properties and are protected by different laws; and the scope of protection under different laws is different too. In this article, the thin line between the protection afforded to brand logos and designs under the two regimes and steps to register the trademark or copyrights has been discussed. But discussing the same, it is important to first look at the meanings of trademark and copyright.

A copyright is a cluster of several rights granted to the owners of specific creative works. In a nutshell, a copyright could be explained as an exclusive legal right to do or authorize another person to use, reproduce and distribute copies of and / or make adaptations or translations of and / or perform or communicate in public certain kinds of creative works. 

A trademark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from that of another when used in trade.

A brand identity or a trademark represents the origin, quality and the goodwill attached to a business. It could be anything with the help of which consumers identify a business or a brand. The coverage of a brand identity or a trademark is broader than copyright in as much as anything with which a business or its commercial offerings could be associated would be considered a brand identity. For example, a name, symbol, word, sign and shape of a product, color, sound or smell.1 Only requirement of being a brand identity is – it should be or become distinctive, and not be generic in relation to the business for which it is used. Catchy taglines like 'I'm loving it!' and unique devices based on generic articles like 'the bitten apple' have made history in terms of providing identifications to their owners.

While every business entity aims for gaining recognition and put in ample amount of time, effort and creativity to design its business identities and logos that are attractive, not all logos might be unique or original. Brand identities could well represent businesses owing to their distinctiveness and association with their owners, but may not have minimum standards of creativity or qualify to be original. For example, a logo may be based on a very basic shape, like Nike's Swoosh, that has acquired recognition and is associated with a business group. However, the same might not qualify for copyright protection due to lack of artistic character. Similarly, the use of a specific color or combination of colors could give rise to a strong brand identity, but it might not be copyright able.

Only certain kinds of creative works are capable of copyright protection, artistic works (including brand logos or designs) being one such kind. If a brand logo has an element of creativity and is original, it will also attract copyright protection in addition to trademark protection.

Summarizing the above, the main requirement for a brand logo to be protected under the trademark law is that it should be distinctive and capable of representing a trade in commerce; whereas copyright law, on the other hand, requires that a logo is an original piece of art and has a creative element attached to it.

Trademark registration of a brand name means nothing but brand name registration. It basically means, “this brand name is ours! And if you dare to use it to sell your products, we can sue you!”

In India, you can trademark any of the following or even a combination of these things:

You get the point, don’t you? Come up with a wacky and quirky brand name, because all the generic ones are any which way taken. Before zeroing in on one name, you might want to do a quick search to make sure that no one else is already using the name. And your best bet would be to use invented or coined words, in a combination with generic words.

Now that your name is finalized upon, fill in the trademark application i.e. 

In case of manual filing, you will need to personally walk down and submit the application for registration to any one of the offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. After which you receive the acknowledgement of the application and the receipt, usually within 15-20 days of the filing.

But in e-filing system, the acknowledgement of the application is issued immediately.

And after you receive the acknowledgement, you can start using the (TM) symbol next to the brand name!

After receiving the application, the Registrar checks whether the brand name complies with the law and does not conflict or dispute with other existing registered or pending brands. That’s why we said, quirky brand name, people!​​​​​​​

After examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 3 months i.e. 90 days or in some cases 120 days, from the date of publication, the brand name proceeds to acceptance.​​​​​​​

If no one raises any opposition, within the stipulated 90 days period, the Registrar accepts the trademark application! Boohoo! And issues a Certificate of Registration under the seal of Trademark Registry.​​​​​​​

You may now be allowed to use the registered trademark symbol (®) next to your brand name, once the certificate has been issued.

Trademark, The whole process of registration of a brand name usually takes anything between 15-18 months. The trademark once accepted, is valid for a period of 10 years from the date of issuance of the Certificate of Registration. After the end of 10 years, the trademark will need to be renewed.

There there! We can understand if this sounds a little too over-whelming. In which case, just call up a lawyer.  The lawyer will be able to help you wade through all this legal jargon.

Although the process of registering a trademark is lengthy and a little heavy on the pocket, it is definitely worth the investment of legally protecting your brand.