Copyrights and Trademarks

What is Copyright?
Copyright protects original literary, artistic, musical, dramatic, and cinematographic works, as well as computer programs and sound recordings. In India, copyright is governedm by the Copyright Act, 1957.

Key Rights of Copyright Owners:

  •  Right to reproduce the work
  •  Right to distribute and communicate to the public
  •  Right to create adaptations and translations
     

 

Duration: Generally 60 years from the year following the author’s death (for literary,dramatic, musical, and artistic works).

What is a Trademark?
A trademark is a distinctive symbol, word, logo, name, or slogan that identifies and distinguishes the goods/services of one business from another.
Governing law: Trade Marks Act, 1999


Types of Trademarks:

  • Word marks (e.g., "NIKE")
  • Logos/symbols (e.g.,  swoosh)
  • Sound marks, shape marks, etc.

Validity: Trademark registration is valid for 10 years and can be renewed indefinitely.

 
Legal Protection & Remedies

 How to Protect Your Rights:
 For Copyright:

  1. Register your work with the Copyright Office (though protection begins upon creation, registration helps as legal proof).
  2. Keep records of original creation (dates, drafts, etc.)
  3. Use copyright notices like © [Your Name] [Year]

For Trademark:

  1. Search availability on IPINDIA website before use.
  2. File an application with the Trademark Registry.
  3. Use ™ for pending marks, and ® for registered ones.

When Someone Infringes Your Rights:
Copyright Infringement:
Civil Remedy: File a suit for injunction, damages, or account of profits in a District Court or High Court.
Criminal Remedy: File a complaint for imprisonment (up to 3 years) and/or fine (up to ₹2 lakh) under the Copyright Act.

Trademark Infringement:
Civil Remedy: Suit for permanent injunction, damages, or delivery of infringinggoods.
Criminal Remedy: Complaint under Section 103 of the Trade Marks Act – up to 3years imprisonment and/or fine.

Additional Remedy:
Passing Off Action: Even an unregistered trademark can be protected by provinggoodwill and misrepresentation.

 Need Help?
Whether it’s registering your IP or filing a legal claim, we provide end-to-end support inCopyright and Trademark Law.
 We help creators, businesses, and startups protect their brand and content with stronglegal backing.

 Get in touch today to secure what’s rightfully yours.