Have a new concept that you’re sure will make you a riches? There’s a crucial step any inventor or artist should take before taking it to market: protecting it with a patent, trademark, or copyright from the government.As a business owner we should care about intellectual property because it’s one of the most important business assets that we will ever own.
What is a copyright ?
COPYRIGHT protect original works of author, such as writings, art, architecture, and music. For as long as the copyright is in effect, the copyright owner has the sole right to display, share, perform, or license the material.
What Is a Trademark?
TRADEMARK protects words and design elements that identify the source of a product.Brand names and corporate logos are primary examples. Once you have trademarked your business, if someone else makes an attempt to use something similar enough to confuse customers, you have the right to legally protect yourself and stop the other party.
Importance of copyright and trademarks
In the case of trade marks, copyrighted works and patented inventions, the purpose is to be able to defend their ownership in the situation that another individual or competitor uses them without permission.They allow you to take legal action against those who use them without authorisation to protect your intellectual property.Copyrighting and Patenting Prevents Theft Of The Invention, Offers Higher Profit Margins,It Expands Your Business’s Share Market.
Importance of Registration of Copyrights
It provides legal protection- The registration of a work under copyright would serve as evidence for proving the ownership of the work to the author which would provide legal protection to him. Sec 48 of the Copyright Act, 1957 provides a prima facie validity to the entries of the registration certified by the Registar of the Copyrights.
It provides branding and goodwill to the owner- The certificate of copyright paves way for making and marketing their work and creating a brand by the quality and goodwill established in the mind of the customers.
It protects from unauthorized use- The copyright provides legal remedies to the owner of the copyright against unauthorized use or reproduction of the work which would be considered as a copyright infringement.
It provides global protection- If the copyright is registered in other countries as well then the owner would have similar privileges as it has in India.
It creates an intellectual property- Intellectual property is an intangible asset and registered copyright is an intellectual property that can be sold, franchised, and contracted commercially.
It tracks the work to the owner- The Register of copyrights lists the owner of the work so that the work could be traced by its creator.
It specifies the date of publication- The registration of copyrights include the date of publication of the work due to which when any case of infringement arises then it can be easily observed because the date of the publication is the key factor while dealing cases of infringement.
It provides licensing the right to the owner- The owner of the copyright has the right to provide licensing easily to others. The licensing agreement is executed between the licensor and licensee only when there is sufficient proof that the work belongs to the licensor.
It provides remuneration and royalty to the owner- The protected work when gets translated or adapted or edited, the owner has a right to claim remuneration or royalty over such translation, adaptation, or editing. The relevant examples are the music industry and youtube where the content is copied or the songs are used and remixed or videos are made on that music.
It provides easy import, export, and exhibition- Registration of copyright makes import and export of works easier and the creator of artistic work can exhibit it to display or sell it.
Importance of trademark registration
“The biggest mistake entrepreneurs make is not taking the time to select, clear, and protect trademarks for their businesses and products from the outset,” says G. Henry Welles of Best Best & Krieger LLP.”
A Trademark protects your brand and provides you with the tools to prevent someone from riding on the back of your business. Trademark is capable of distinguishing the goods or services of one person from those of others and includes the shape of goods, their packaging, and a combination of colors. Let us know more reasons of Importance of Trademark Registration in India.
Valuable Assets
A registered trademark may prove to be a valuable assets for your company / Business. These assets keeps on appreciating over time. As your business grows over time, the value of the trademarks gets scaled up automatically. So, if your business grows, your trademark also grows in value.
Protection to your Brand
A registered trademark establishes ownership over the brand, name or logo. It protects your brand from any unauthorized use of the third party. The registered trademark proves that the product totally belongs to you and you have exclusive rights to use, sell, and modify the brand or goods in whichever manner you want.
Provides Uniqueness to Brand
A brand that is unique and different must be registered as every business needs a brand or logo that stands out, which differentiates your brand from that of others. Hence, a registered trademark gives a unique identity to your brand.
Easy Communication tool
Yes, Trademarks may prove to be an effective and easy communication tool. They speak for themselves. A registered trademark can be easily identified which brand your product belongs to. For example, when you see a silver color half bitten apple on any device, be it a laptop or a phone, you can easily identify that it is an Apple product.
Easy for customers to find
A registered trademark makes it easy for customers to find the product. As it is an effective tool and unique in its identity, the trademarks that are registered can be easily traceable and customers may reach your product easily.
Trademark is forever
Trademark once registered can last for eternity. The Trademark registered by any firm remains with them forever. Yes, the trademark registration shall be renewed after every 10 years. However, the identity that it gave to the brand remains forever.
conclusion
Trademark Registration provides an exclusive right to the owner and distinguishes the product from other similar products from other businesses. In a market like India it is crucial that a brand is protected and safe. Hence, not out of compulsion but out of necessity it is important to have a trademark registration and copyright registration in India.