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Trademark: what should I check before filing?
Most trade mark problems start before filing: a mark that is too descriptive, a conflict nobody searched for, or an application in the wrong name.
Yes, we have searchedAn invented or unusual word, or a distinctive logoThe logo was made by a designer or agency← back a step
Get the copyright in the logo assigned to you in writing.
High complexity - significant legal consequences
- Under section 17 of the Copyright Act, the author is the first owner. The commissioning rule in section 17(b) covers photographs, paintings, portraits, engravings and films - not logos or other designs - so a freelance designer usually owns the artwork unless it is assigned.
- An assignment must be in writing and signed (section 19(1)), identify the work, the rights, the duration and the territory (section 19(2)), and state the consideration (section 19(3)).
- If the duration is not stated it is treated as five years, and if the territory is not stated it is presumed to be India (section 19(5) and (6)). Say 'worldwide' and 'for the full term of copyright' if that is what you need.
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.