1️⃣ TRADEMARK

A. What is a Trademark?

A Trademark is a distinctive sign, symbol, logo, word, or combination that identifies and distinguishes the goods or services of one entity from others.

It protects your brand identity in the marketplace.

Governed by The Trade Marks Act, 1999 in India.

B. Types of Trademarks

Type

Description

Word Mark

Brand name in text form (e.g., “ZOHO”)

Logo / Device Mark

Graphical representation or symbol

Combination Mark

Both word and logo together

Service Mark

Used for services rather than goods

Certification Mark

Shows quality/standard of goods/services

Collective Mark

Used by members of an association/cooperative

C. Eligibility for Trademark

Any individual, company, LLP, or partnership can apply.

Must use or intend to use the trademark in India for goods/services.

Trademark must be distinctive and not identical/confusingly similar to existing registered marks.

D. Trademark Registration Process (India)

Step 1 – Trademark Search

Check existing trademarks on IP India portal.

Avoid conflicts with similar names/logos.

Step 2 – Filing Application

Online filing: https://ipindiaonline.gov.in

Forms: TM-A for new registration

Include: Applicant details, class of goods/services, logo/wordmark, priority date (if applicable)

Step 3 – Examination by Trademark Office

Examiner reviews: distinctiveness, similarity with existing marks, compliance with law.

Objections (if any) communicated via Examination Report.

Step 4 – Respond to Objections

Submit written reply or legal arguments within 1–3 months.

Step 5 – Advertisement in Trademark Journal

If accepted, trademark published for 4 months for public opposition.

Step 6 – Registration Certificate

If no opposition or after successful resolution, the Trademark is registered.

Validity: 10 years, renewable indefinitely in 10-year blocks.

E. Trademark Classes

India follows Nice Classification (45 classes: 34 goods, 11 services).

Correct class selection is crucial for protection.

F. Benefits of Trademark

Exclusive Rights: Sole owner for use in India for registered goods/services

Legal Protection: Against infringement & imitation

Brand Recognition: Helps customers identify your products/services

Franchising & Licensing: Can monetize your brand

Asset Value: Trademark is intangible intellectual property, can be sold or pledged

G. Additional Information / Advisory Tips

Conduct professional trademark search before filing to avoid conflicts.

Filing online is faster & cheaper than offline.

Use TM symbol before registration and ® after registration.

Monitor your mark post-registration to prevent infringement.

H. Advisory Draft – Trademark

1. Advisory Letter

To: [Client Name]

Date: __________

Subject: Advisory on Trademark Registration

Dear [Client Name],

This is to advise that registering a trademark is essential to protect your brand identity and prevent unauthorized use by others.

Recommended Actions:

Conduct a trademark search to ensure no conflict with existing marks.

File TM-A application online with the class of goods/services.

Respond promptly to examination reports or objections, if any.

Monitor and renew your trademark every 10 years.

Benefits include exclusive rights, legal protection, brand recognition, and monetization opportunities.

Warm regards,

[Consultant Name]

[Designation / Organization]

2️⃣ COPYRIGHT

A. What is Copyright?

Copyright protects original literary, artistic, dramatic, musical, cinematographic works, and software.

It gives the creator exclusive rights to reproduce, distribute, perform, or adapt the work.

Governed by The Copyright Act, 1957 (India).

B. Types of Works Protected

Type

Examples

Literary Works

Books, articles, software code

Artistic Works

Paintings, drawings, photographs

Musical Works

Songs, compositions

Cinematographic Works

Movies, videos

Sound Recordings

Audio recordings, podcasts

Architectural Works

Building designs

C. Eligibility for Copyright

Creator must be natural person or legal entity

Work must be original and fixed in tangible form

Automatically protected from the moment of creation, but registration strengthens legal enforceability

D. Copyright Registration Process (India)

Step 1 – Prepare Application

Form: Form XIV

Submit to Copyright Office (Central/Regional)

Include: Author details, type of work, declaration, copies of work

Step 2 – Payment of Fees

Individual/author: ₹500–₹2,000 (depending on type of work)

Step 3 – Examination

Copyright Office examines: originality, proper documentation, compliance

Step 4 – Objection & Hearing (if any)

If objections raised, submit written clarification or attend hearing

Step 5 – Registration Certificate

Once accepted, Copyright is registered, and Certificate issued

Duration:

Literary, Artistic, Musical, Cinematographic Works: Author’s lifetime + 60 years

Sound Recordings: 60 years from publication

E. Benefits of Copyright

Exclusive Rights: Reproduction, adaptation, distribution, performance, communication

Legal Protection: Against infringement

Monetization: Licensing, royalties, selling rights

Brand Value: Software, publications, or art are marketable assets

Global Recognition: Copyright respected internationally under Berne Convention

F. Advisory Draft – Copyright

1. Advisory Letter

To: [Client Name]

Date: __________

Subject: Advisory on Copyright Registration

Dear [Client Name],

This is to advise that registering a copyright ensures your original work is legally protected from unauthorized use or duplication.

Recommended Actions:

Identify works eligible for copyright (literary, artistic, musical, software, cinematographic).

Prepare required documents and copies of work.

File Form XIV online/offline with Copyright Office.

Respond to objections promptly if raised.

Maintain records for enforcement and licensing purposes.

Benefits include exclusive rights, legal enforcement, monetization opportunities, and long-term asset value.

Warm regards,

[Consultant Name]

[Designation / Organization]

G. Additional / Practical Information

Trademark vs Copyright:

Feature

Trademark

Copyright

Protects

Brand identity (logos, names)

Original creative works

Duration

10 years, renewable indefinitely

Lifetime of author + 60 years

Registration

Optional but recommended

Optional but strengthens legal case

Legal Action

Civil & criminal against infringement

Civil & criminal against infringement

International Protection:

Trademark: WIPO Madrid Protocol for international registration

Copyright: Berne Convention

Enforcement Tips:

Monitor market for imitation (trademark)

Use digital rights management (copyright)

Maintain documentation for evidence in case of infringement

🛡 Trademark & Copyright Master Kit – Complete Package

Contents of the Kit

Overview of Trademark & Copyright

Eligibility Criteria

Step-by-Step Registration Guides

Document Checklist

Advisory Letter Drafts – Professional Client Communication

Engagement Letter Drafts – Service Agreement

Renewal & Monitoring Guidelines

Trademark Classes & Copyright Types

Enforcement & Legal Advisory

Additional Practical Tips

Sample Filled Forms & Checklists

1️⃣ Overview

Trademark

Protects brand identity: name, logo, slogan, or combination

Governed by The Trade Marks Act, 1999 (India)

Duration: 10 years, renewable indefinitely

Helps prevent imitation and build brand value

Copyright

Protects original works: literary, artistic, musical, cinematographic, software

Governed by The Copyright Act, 1957 (India)

Duration: Author’s lifetime + 60 years (some works: 60 years from publication)

Helps monetize works, enforce legal rights, and build asset value

2️⃣ Eligibility Criteria

Trademark

Individuals, companies, LLPs, partnerships, or organizations

Must use or intend to use mark in India

Trademark must be distinctive & non-conflicting

Copyright

Author or creator: natural person or legal entity

Original work, fixed in tangible form (digital, print, or recorded)

Automatic protection, but registration strengthens enforceability

3️⃣ Step-by-Step Registration

Trademark Registration (India)

Step

Details

1. Trademark Search

Check existing marks on IP India

2. Filing Application

Form TM-A online/offline, include applicant, class, logo/word

3. Examination

Examiner checks distinctiveness & law compliance

4. Respond to Objections

Written response to Examination Report within 1–3 months

5. Advertisement

Published in Trademark Journal for 4 months for opposition

6. Registration Certificate

Issued if no opposition or after resolution; valid 10 years

7. Renewal

Every 10 years, indefinitely

Copyright Registration (India)

Step

Details

1. Prepare Application

Form XIV, include author, type of work, declaration, work copy

2. Pay Fees

₹500–₹2,000 depending on type of work

3. Examination

Copyright Office checks originality & documents

4. Objection/ Haring

Submit clarification if objections raised

5. Registration Certificate

Issued upon acceptance; valid for author’s lifetime + 60 years

6. Record-Keeping

Maintain proof for enforcement & licensing

4️⃣ Document Checklist

Trademark

Applicant details & PAN/GST

Logo / wordmark design

Class of goods/services

Authorization letter (if applicable)

Power of attorney (optional for legal assistance)

Copyright

Author/creator details

Proof of work (manuscript, audio, software, video)

Declaration of originality

Power of attorney (if filed via consultant)

5️⃣ Advisory Letter Drafts

Trademark Advisory

To: [Client Name]

Date: __________

Subject: Advisory on Trademark Registration

Dear [Client Name],

We advise registering a trademark to protect your brand identity. Recommended steps:

Conduct a trademark search on IP India portal.

File TM-A application with correct class.

Respond to objections and oppositions promptly.

Monitor and renew every 10 years.

Benefits: exclusive rights, legal protection, brand recognition, franchising/licensing opportunities.

Warm regards,

[Consultant Name]

[Designation / Organization]

Copyright Advisory

To: [Client Name]

Date: __________

Subject: Advisory on Copyright Registration

Dear [Client Name],

We advise registering copyrights for your original works (literary, artistic, musical, software). Steps:

Identify copyrightable works.

Prepare copies and author details.

File Form XIV online/offline.

Respond to objections if raised.

Maintain registration certificate and records.

Benefits: exclusive rights, legal enforcement, monetization, and long-term asset value.

Warm regards,

[Consultant Name]

[Designation / Organization]

6️⃣ Engagement Letter Draft

Scope of Services

Filing trademark/copyright applications

Assisting with objections and office actions

Providing renewal reminders and monitoring

Legal advisory for enforcement and licensing

7️⃣ Renewal & Monitoring

Trademark

Every 10 years: renew online/offline

Use ® after registration

Monitor for infringement regularly

Copyright

Automatic for most works, no renewal

Keep evidence of creation for enforcement

Optional updates for derivative works or licensing

8️⃣ Trademark Classes & Copyright Types

Trademark

45 classes (34 goods, 11 services)

Select correct class to cover intended products/services

Copyright

Literary, artistic, musical, cinematographic, sound recordings, architectural works

9️⃣ Enforcement & Legal Advisory

Trademark: Civil & criminal remedies for infringement, passing off suits

Copyright: Civil & criminal remedies, statutory damages, DMCA enforcement (digital)

Maintain records of use and monitoring for legal defense

10️⃣ Additional Practical Tips

Conduct professional search before filing

File TM & Copyright early to secure rights

Keep digital & physical copies of evidence

Use IP as an asset for funding or monetization

Consider international registration via Madrid Protocol (Trademark) or Berne Convention (Copyright)

11️⃣ Sample Forms & Checklists

TM-A Form (sample filled)

Form XIV (sample filled for literary/artistic work)

Document checklist for Trademark & Copyright

Advisory & engagement letter templates