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Copy Right

(Querist) 25 June 2008 This query is : Resolved 
If the trade mark is registered with the Trade Mark registery is there a need to register the design of the trade mark with Copy Right registery? or it is automatically get registered with the Copy right registery. Pls. advice.
amit gupta_lawyer (Expert) 25 June 2008
well under trade mark the logo got registered and it depend upon the trade mark u applied for and certainly the style of ur logo automatically got registered along with that but for extra precaution if the style of logo has a peculiar type of design then u should apply under design act
Important changes have been recently made in the Indian Design Act, 1911. This act has been replaced by the Design Act, 2000.

"Design" has now been defined as only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or 3D or in both forms. The Design should be new and original and has not been disclosed to the public in India or any other country.

Application for Design registration can be made in any class by the proprietor of the Design. Registration is granted only in one class. The proprietor of the Design shall have copyright in the Design during 10 years from the date of registration. This period can be extended by 5 years if application is made before the expiry of 10 years. There is also a provision for restoration of a lapsed Design provided an application is made one year from the date on which the Design ceased to have effect.

India has now become a member of WTO and Paris Convention and has also signed the Patent Cooperation Treaty (PCT). As a result, any of the members can now claim priority rights in respect of Designs.

Manish Singh (Expert) 25 June 2008
the said design is not termed as design in terms of Copyright Act but it is called as Trademark Logo etc..

In fact for designs, there is a separate act called Design Act.But this is not applicable in this case.

that too needs to be registered with the Registrar of Trade Marks.
amit gupta_lawyer (Expert) 25 June 2008
well my friend manish has not understood my answer properly,
first design can be any design
second it depend upon the style of the logo and if the design of logo is not that peculiar then the registration under trade mark is sugfficient, however if design of the logo has certain peculiarities and there is any apprhension of immitation of design then the owner can protect it by getting it registered under design act which is specifically for this purpose
Manish Singh (Expert) 26 June 2008
Dear Mr. Gupta,
You are absolutely correct and no further clarification was required but i didnt answer this query to make any further explanation but it happened accidently since when i put forth my query and submitted it, you had already posted one meantime.
Bharat Gala (Querist) 27 June 2008
Thank you both.
Hiralal Das (Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.


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