Registration under ipr
Querist :
Anonymous
(Querist) 31 January 2022
This query is : Open
To
The Respected senior professionals
Can a label of a product(fall under Class 31) be registered under Trade Mark act 1999 and under Copyright Act 1957(as amended) at the same time?
Regards
Abhijit
kavksatyanarayana
(Expert) 31 January 2022
In trademarks, a label refers to an informative display of written, printed, or graphic matter like a logo or title, affixed to goods or services for identifying their source. A label can be fixed on the wrapping, packaging, or container of a manufactured product or on the packaging or surface of a natural substance.
Querist :
Anonymous
(Querist) 01 February 2022
Thanks
to Sir Kavksatyanarayana for the reply.
Regards
Abhijit
Dr J C Vashista
(Expert) 02 February 2022
Very well explained and advised by expert Mr. Kavksatyanarayana ji, I agree and appreciate the same.
K Rajasekharan
(Expert) 02 February 2022
To your question, the answer is that you need not register the label, class 31, under copyright act also, if you have registration under Trade Mark Act.
Even registration of a trademark is not mandatory in India. An unregistered trademark is also protected and has certain benefits. However, an unregistered trademark does not possess the statutory right of infringement. The advantage of registration is that it is easier for you to prove it in a court in case of a conflict with some other.
A trademark is a word, phrase, symbol, design, or a combination of these things that identifies one’s goods or services. It is through which the customers recognize the product and distinguish it from other competitors. The trade mark needs to be registered to protect it from use by others.
On the other hand, the copyright protects the intellectual rights of creators of written, performed or artistic works such as books, plays, paintings, computer programs or sound recordings.
Copyright is an automatic right. As soon as you write something, whether it is a book, a play, a short story, a poem, a film, etc., that work is automatically copyrighted.
Under Section 45 in the Copyrights Act, 1957 any interested party can register their copyrights which would be useful for production in a court of law as prima facie evidence.
The copyright registration creates a public record showing that a content creator has claimed ownership on his content and got the authorisation. This informs the public that the work is protected and if others want to use the work, they need to seek permission. Otherwise, it will lead to copyright infringement.
