Name plays a very intrinsic role in each and every aspect of life. A business, creation, film, personality and various other things are known in the commercial market by their respective names. Customers and clients recognize the creditability, quality and services of a particular brand by their names. Thus when goodwill of a particular person, business or industry largely depends on the name they possess, it is extremely necessary to register the same so that it cannot be infringed or violated by anyone. A particular name cannot be registered under copyright. Copyright guarantees registration only to the artistic creation of name. If a name has to be protected it can be only protected under trademark. It is registration under trademark which guarantees legal right to the applicant to file a suit, in case it gets infringed. A name applied in copyright for registration only safeguards the way it has been created.
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Copyright Name Search
As a general rule a name cannot be searched under copyright. Copyright only guarantees protection to an artistic, literary, dramatic, cinematographic, sound recording etc. It only protects the right of the applicant pertaining to the work created by him. A particular name can be searched only under Trademark. There are different ways of trademark search as laid down by Indian Trademark Act, 1999. One can obtain the search report concerning a mark or name in a day, week or month by applying the same in the Trademark Registry and by paying the requisite fees. Thus it is to be noted that in order to protect a name it should be searched and filed with Trademark Registry rather than applying the same under copyright. If you are really looking to protect your name than there cannot be any better place than 365companies.com
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