Benefits of Copyright Registration

A Public Record of Ownership

When a work is copyrighted, it is registered on a public record, thereby establishing ownership.

Copyright Infringement

In the case of copyright infringement, the authors can sue infringers to secure their work and claim statutory compensation.

Prevents Importing of Duplicates

The owners can record the registration with the Indian customs and prevent importing duplicate copies of the work.

Commercial use of by-products

Have control over by-products or derivatives created from the original registered work for commercial purposes.

Transfer of Copyright

The rights can be passed or sold to a third party by the original copyright holder.

Ensures Protection

Copyright protection enables the owners to exhibit their work without the fear that it will be replicated without authorisation.

Copyright Registration can be done for:-

• Artistic works,
• Producers of Cinematograph Films,
• Music voice recordings.
• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any
• accompanying music
• Pantomimes (Drama) and choreographic works
• Pictorial, graphic and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural plans, drawings and actual buildings

Documents Required for Copyright Registration

Basic Documents

• Particulars of the Applicant (ID and Address proof of the applicant along with the Nationality)
• Name, address, and nationality of the author of the work
• Disclosure of the applicant’s interest in the copyright – whether he/she is the author of the work or the representative of the author.
• Copies of the original work.
• In case for business purpose-Incorporation certificate is required.
• Details of the nature ofthe work
• Class, Title & Description of the Work
• Language of the Work
• Date of Publication – Publication in internal magazines or a research paper submitted to a professor does not count as publication.

Apart from the basic documents required for copyright registration, submit documents as per copyright categorization. The categories are as such:

Artistic Work

• 2 copies of the work.
• DD/IPO of INR (as applicable) according to artistic work.
• Author’s No Objection Certificate if the applicant is different from the author.
• Publisher’s No Objection Certificate if the work published & publisher is different from the applicant.
• Search Certificate from Trade Mark Office in TM -60 if the work is being used on goods/capable of being used on the goods.
• No Objection Certificate from the individual whose photograph appears on the work.
• When filing an application by an attorney, an original copy of a “Power of Attorney” signed by the applicant & also accepted by the attorney.

Cinematograph Film

• 2 copies of work.
• DD/IPO of INR (as applicable) according to Cinematographic work.
• No Objection Certificate from different copyright holders or copy of the agreement (deed of assignment).
• No Objection Certificate from the publisher if the work published and publisher is different from the applicant.
• When filing an application through an attorney, an original copy of a “Power of Attorney” signed by the applicant & also accepted by the attorney.

Music

• 2 copies of work (graphical notes).
• DD/IPO of INR (as applicable) according to work.
• No Objection Certificate from the publisher if the work published & publisher is different from the applicant.
• Author’s No Objection Certificate if the applicant is other than the author.
• When filing an application by an attorney, an original copy of a ‘Power of Attorney’ duly signed by the applicant & also accepted by the attorney.

Literary/Dramatic

• 2 copies of work.
• DD/IPO of INR (applicable) according to work.
• No Objection Certificate from author if applicant is other than author.
• Author’s No Objection Certificate if the applicant is other than the author.
• When filing an application through an attorney, an original copy of a ‘’Power of Attorney’’ signed by the applicant and also accepted by the attorney.

Sound Recording

• 2 copies of work.
• DD/IPO of INR (as applicable) according to work.
• No Objection Certificate from different copyright holders or copy of the agreement (deed of assignment).
• No Objection Certificate from the publisher if the work published and publisher is different from the applicant.
• When filing an application through an attorney, an original copy of a ‘Power of Attorney’ signed by the applicant & also accepted by the attorney.

Software

• 2 copies of work.
• DD/IPO of INR (as applicable) according to work.
• Author’s No Objection Certificate if the author is dissimilar from the applicant.
• No Objection Certificate from the publisher if the work is published & the publisher is different from the applicant.
• When filing an application through an attorney, an original copy of a “Power of Attorney” signed by the applicant & also accepted by the attorney.
• Also, the source code & the object code of the work for due verification.

Eligibility for Copyright Registration

Copyright is one of the legal privileges accorded to authors, musicians, playwrights, and film and music production companies. It gives the owner of the work the sole right to sell, distribute, or duplicate its publication by having it registered through Copyright Registration. The Copyright Act of 1957[1] governs copyright registration in India. One acquires the exclusive right in respect of their creative works, such as books, paintings, music, websites, software, novels, etc. by registering their copyrights.

The original work is protected by copyright in inia from duplication or abuse by third parties. Copyright protects original works and prevents their unauthorised replication. Thus, essential application information like name, address, phone number, e-mail address, and nationality are necessary for copyright registration in India.

The candidate must create a soft copy of his work and submit it with JPG-format files. Work that relates to a website or piece of software must be uploaded on CDs and DVDs. The applicant must obtain a clear copyright lookup certificate from the trademark office if the copyright is connected to any creative work. If the original author of the work is willing to register the copyright through a designated agent, they must give any advocate a power of attorney.

Copyright Protection Validity

The length of a work’s copyright varies depending on a number of circumstances, such as whether it has been published and, if so, when. For works created after 1 January 1978, copyright protection typically lasts for the author’s entire life plus an additional 70 years. The copyright in india is valid for anonymous, pseudonymous, or work created for hire for 95 years following the year of the work’s initial publication or for 120 years following the year of creation, whichever comes first.

The registration of works produced on or after 1 January 1978, does not need to be renewed. After 28 years, renewal registration for works published or registered prior to 1 January 1978, is optional, but it does offer some legal benefits. You can easily reach out to our experts from Witcorp to complete the copyright registration process without any delays.

Rights of Copyright Owner

Before addressing the remedies for infringement, it is critical to comprehend the rights that a copyright owner holds. Owners of valid copyrights are entitled to:

• Publicly display the work that has been published
• Create the piece in a tangible medium
• Any translation of the work should not be created, replicated, performed, or published
• Create any necessary adaptations and distribute the content via broadcast, radio, or cable

The first author of the work has the following exclusive rights:

• Duplicate the work
• Create a derivative using the source material
• Publicly perform the work after it has been distributed
• Showcase the artwork in a professional context
• Seek redress if a work’s copyright is being used without permission.

Apart from this the following rights belong to a copyright owner, and only they have the authority to transfer them to another party:

• No one may duplicate or reproduce a work that is protected by copyright in india, in whole or in part, without the owner’s permission
• The creator has the sole right to adapt and use their work however they see fit (e.g., a book into a movie)
• Public communication rights: The sole right to broadcast their original works to the general public
• Owners of artistic and musical works have the sole right to public performances of their creations
• The right of attribution or paternity suggests that the owner or creator may assert sole authorship over their creative production. In other words, they can claim responsibility for it
• The owner has the legal right to sue if their creation is misrepresented or altered without their permission
• Right of distribution: The sole right to make their work available in any format they choose (through selling, reproducing, leasing, lending, renting, or transferring).

Procedure for Copyright Registration

Step 1: Application

An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works.

Step 2: Power of Attorney

Every application has to be signed by the applicant as well as an Advocate in whose favour a Vakalatnama or a POA has been executed.

Step 3: Waiting time

The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received.

Step 4: Register Entry

If there are no objections received within 30 days, the scrutiniser will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.

Step 5: Objection hearing

If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.

Step 6: Approval

After the hearing, if the objections are resolved the scrutiniser will scrutinise the application and approve or reject the application as the case may be.

Why Copyright Registration ?

Legal Protection

And helps as prima facie evidence in the court of law over ownership of the work. Along with this, it offers Infringement Protection. It gives the creator the right way to get to people who are copying their work and making a living out of the efforts of the hard created things.

After the Creators death

After the creator’s death, protection can be extended. Copyright’s protection is not restricted up to the initial creators’ life span, its validity is higher than any other intellectual property. It is for 60 years after his/her death also.

Owner Publicity

The registration makes work recognised across the world and it becomes searchable in the copyright registry database. Once copyright registration is made it limits the use of work without the authorisation of the creator.

Creation of Asset

Registered copyrights are intellectual property and the rights can be traded, franchised or commercially engaged.

Establishing Credibility

People will proceed with that content is original and not copied from anywhere and neither anyone else can steal the content.

Branding or Goodwill

Registered copyright can be applied for marketing and building a sense of goodwill along with quality in the minds of your customers. Registered copyright tells others that you care about want you invented.

Prima Facie Evidence

Copyright protection gives prima facie evidence in case if the litigation proceeds. The proof is required to attest to anything in the court of law. Hence, here the copyright registration is very beneficial for creators.

Restricts unauthorised reproduction

The registration will prove that you are serious about copyright infringement. This will help prevent illegal reproduction of the work as it gives the owner a host of legal support.

Public Record

When the registration of copyright is done, a clear public record is made that benefits the original creator to build his ownership over the said copyright.

Global Protection

Works that are copyrighted in many other countries are allowed similar privileges here in India. Furthermore, works copyright registered in India are given protection in many foreign countries.

Trademark Objection Filing

Trademark objection happens to be one of the initial stages in the Trademark registration process. Trademark objection does not mean a straight denial; instead, the trademark registrar seeks a valid reason or explanation about the mark and registration. An opportunity is given to the applicant to explain how the said trademark fits the criteria to avail valid registration.

In the event of a trademark objection, a comprehensive reply needs to be filed within a month from the objection’s date of issuance.

There are several reasons for Trademark objections like similarity with an existing trademark, offensive trademarks, absence of uniqueness, etc. Often, during the trademark registration process, the registrar raises objections to the applied trademark if it violates the trademark registration rules and laws.

Trademark registration creates an identity for the brand and differentiates it from other available services or products that are available in the market. Protecting a Trademark is very important if one wants to maintain its distinct identity. But there are some cases when someone would stop you from claiming your right. Hence, we need to understand the concept of Trademark objection.

About This Plan

File your Trademark Objection application online through us. Get help with Trademark Objection procedure, eligibility and documents required.

Timeline

It usually takes 3 to 5 working days.

Services Covered

• Session with Witcorp Expert

• Discussion of Matter & Preparation of Reply Letter

• Filing of Trademark Objection Response

• Follow up till you secure Trademark Certificate

Who Should Buy

• Any Individual or Business willing to secure their brand name.

How It’s Done

• Purchase of Plan

• Expert Assigned

• Upload documents on vault

• Preparation of Objection reply

• Filing of Documents with Department

Documents Required

• Identity proof of the trademark owner 

• Aadhar Card

• Certificate of Incorporation ( In case of a Private Limited Company or an LLP) 

• Udyog Aadhar Registration 

• Logo if it is applicable and available 

• Address proof

Top Reasons for Trademark Objection

Here are some top reasons why a trademark would get objection:

Trademark applications can get objections under more than one grounds. Following are some grounds on which an examiner can object to the Trademark registration:

The grounds of refusal for Trademark registration can be divided into two parts :

• Absolute grounds of refusal – refers to the incapability of marks to be distinctive or graphically presented.
• Relative grounds of refusal – are always in connection with earlier trademarks and their related rights.

Deceptive Marks

Any trademark that is likely to confuse the people because of something inherent in the mark itself or its use, like nature, quality, or geographical origin of the goods and services. An objection as to deceptive trademark can be overcome by filing Form TM-16.

Lacks Distinctive Character

Trademarks that are not capable of differentiating between one person’s goods and services from those of another are devoid of any distinctiveness and thus can get objection under absolute grounds for refusal of trademarks.

Existence of a similar trademark

If there are similar or same trademarks of different trademark owners on records regarding the same or similar description of goods or services, then an objection can be raised.

False or vague specification of goods

Suppose the specification of goods or services happens to be too vague or encompasses a large variety of goods or services. In that case, an objection can be raised as follows by the trademark registrar:

“The specification of goods/services mentioned in respect of class xx is very vague and wide. You should provide exact items in respect of which the trademark is sought to be registered by filing a request on form TM-16”.

Incorrect address on trademark application

In case the trademark applicant has not mentioned the principal place of business correctly, or he has not mentioned the address for service in India. An objection can be raised as under:

“The Principal Place of business of the applicant should be brought on record by filing a request on form TM-16” or “The applicant’s address for service in India should be brought on record by filing a request on form TM-16, since the applicant has no principal place of business in India.”

Incorrect name of the applicant

The applicant must enter the name in the application correctly. In case of incorrect name on the trademark application, the examiner would object as follows:

“The application appears to have been filed in the name of a partnership firm, names of all Partners of the firm should be brought on record by filing a request form TM-16.”

Incorrect trademark form

If the trademark application is not made on a proper form, an objection will be raised by the examiner as follows:

“The application is made on Form TM-1, for certification mark in respect of goods or services falling in a class, the form of the application should be corrected as TM-4 by filing a request on form TM-16.”

Trademark Examination Report

• After the trademark registration application is submitted and examined by the trademark officer, an examination report is sent to the trademark applicant. It is also put up on the trademark office website along with details of the trademark application.
• The applicant or the authorized agent then gets a chance to submit a reply to the trademark examination report with a rebuttal if there is an objection by the trademark examiner.
• The response is then considered, and if the objection can be waived off based on the applicant’s response, then the trademark application gets accepted for registration. The trademark gets published in the journal.

Reply to Trademark Examination Report

• The response for an objection in the trademark examination report can be submitted by the applicant or by an agent who the trademark applicant authorizes.
• This reply can be submitted online through the trademark office website or even in person or by post.
• Any affidavit and support documents are also to be submitted along with the reply to the examination report.

Objections as to Formality Requirement

In case of objections as to formality requirements, the applicant should comply with the conditions that are desired by the officer.

For instance :

Suppose the trademark applicant has called for the consent of a person whose portrait appears on the trademark. In that case, the applicant must submit the person’s consent in writing with the supporting documents or state that the picture appearing on the trademark is not of a specific person but is a generic image.

The objection as to the Wrong Classification of Trademark Class

The objection can be caused due to the goods or services mentioned in the application do not fall in the correct trademark class; the trademark applicant may file a request to correct the class or the state as per the classification of goods or services published by the registrar have been rightly classified.

However, getting proper legal advice is necessary for the correct classification of goods and services before submitting a reply to the examination report for objection as to the wrong category of trademark class.

The objection as to Trademark Lacks Distinctiveness

In case of objection as to non-distinctiveness of the trademark, the applicant can submit a reply to examination report establishing that the trademark applied for registration is capable of distinguishing the applicant’s good or service, pr the brand has acquired a distinctive character because of its extensive use concerning relevant goods or service, before the date of application.

Suppose the trademark has acquired distinctiveness by its extensive use. In that case, the applicant should file an affidavit as evidence of using the trademark and its supporting documents.

The objection as to Identical or Similar Trademark Exists

Suppose the objection is on the relative grounds of refusal because of identical or similar trademarks regarding similar goods or services. In that case, the applicant can also produce consent or no consent objection from the proprietor of marks cited as conflicting in the examination report.