The protection of copyright is automatic and comes into force when a copyright material is created. These works can also be registered under the Indian Copyright Act, 1957 if they meet the specifications under the law.
The Act is very clear that the protection of copyright is only available for works of authorship such as literary and artistic work, cinematograph films, dramatic works, and musical compositions. Due to this, copyright protection does not extend to personal names, business names, and titles of books, other titles used to identify works or products, slogans, and short phrases.
The copyright is an intellectual property that is designed to protect creative works of authorship.
The purpose of the Copyright law does not extend to how these works are protected in the marketplace, or at a commercial level. Keeping with the same principle, copyright is not meant to help protect the identity of people, places and things. Further, slogans, names, and phrases rarely meet the level of creativity that warrants copyright protection.
While names and titles cannot be protected under the Copyright law, if they act as the source identifier of a business, its products or services, at a commercial level, they can be protected with a trademark registration. A trademark is basically any word, symbol or device that will act as the source identifier of the goods and services at the marketplace.
The basic function of a trademark is to distinguish the goods or services of one person from those of another.
Here are the legal requirements to trademark a name:
Related: Different Types of Trademark in India
Sections 9 and Section 11 of the Trademarks Act, give the absolute grounds trademark refusal. The name will be rejected in the following cases.
More: Difference Between Copyright and Trademark
While you cannot copyright a name, a name can be protected through a trademark registration or under the laws of passing off.
For registering trademarks, India follows the NICE classification of goods and services. According to the NICE classification, the products and services are classified into 45 classes. If you want to trademark a name, it should compulsory fit into any one of the classes.
Click Here: Online Copyright Registration