Difference Between Trademark And Copyright?

Difference Between Trademark Registration And Copyright

Trademark registration and copyright overlap; it can be difficult to understand what the difference is between copyright and trademark registration. Learning to disentangle those overlapping rights is a great way to discuss what protection each right provides and how it differs from the other.

Now, let’s discuss how to protect your intellectual property & you might be wondering about the difference between trademark and copyright.

Definition of Trademark: What Does It Protect?

A trademark is a unique sign, word, name, logo, symbol, or combination of these that helps identify your products or services and sets them apart from others in the market. It’s basically your brand’s identity, the thing people instantly recognize when they see your business.

Understanding Copyright: What Does It Cover?

Copyright is also a form of intellectual property that gives its owner the exclusive right to copy, distribute, and display the work.

Copyright law protects creators of original content from copying or use. Copyright law covers a lot of different types of works, including paintings, photographs, books, movies, poems, and more!

Trademark vs Copyright: What Sets Them Apart?

Brand identity can be just as important as revenue when it comes to your business. For example, what if someone starts selling products or services using your company name and logo without your permission? How will that affect your business? So, get logo trademark registration done with the experts at JustStart!

With trademark registration and copyright, luckily, you can file a lawsuit against those who use your brand and intellectual property without your permission. In this content writing, we will guide you through the difference between trademark and copyright in India, so that you can understand which one may apply to your business.

Trademark comes under the Trademark Act, 1999, whereas Copyrights come under the Indian Copyright Act, 1957.

Trademark vs Copyright

Aspect

Trademark

Copyright

Definition

Protects brand names, logos, slogans, and symbols that identify a business.

Protects original creative works like books, music, films, software, etc.

Purpose

To distinguish the goods or services of one business from another.

To protect the expression of original ideas and prevent unauthorized use.

Governing Law (India)

Trademark Act, 1999

Copyright Act, 1957

Examples

Nike logo, Coca-Cola name, McDonald's tagline.

Movies, songs, novels, paintings, websites, software.

Type of Protection

Brand identity and recognition

Creative or artistic expression

Registration Requirement

Voluntary but recommended for legal protection and exclusivity

Automatically applies once the work is created; registration strengthens rights

Validity Period

10 years (renewable indefinitely)

Lifetime of the author + 60 years (in most cases)

Symbol Used

™ (unregistered), ® (registered)

© (copyright symbol)

Territorial Coverage

National, but can be registered internationally

International coverage under various treaties

Main Benefit

Prevents others from using similar brand elements

Prevents others from copying or distributing your original work

Registration Authority (India)

Controller General of Patents, Designs & Trade Marks (CGPDTM)

Copyright Office under Ministry of Education

 

Primary Purpose of Trademark and Copyright Registration

The objective of trademarks is to protect words, phrases, symbols, or devices. Trademarks can be a brand name, logo, tagline, slogan, or any colour design logo. Trademarks help in distinguishing their products clearly and help customers distinguish their goods or services in the market.

The objective of copyrights is to protect the artist’s original work. Works may be books, music, novels, articles, software, etc., which gives the right to reproduce their original work. To get the copyrights registered, you must have to first register & get permission from the respective government by paying the prescribed fees.

Under trademark registration, goods and services have a trademark. On the other hand, Music, software, movies, etc., are copyrighted.

Examples That Illustrate Trademark and Copyright

For Trademark: The Nike company can use the logo/word Nike, but no one can use this word.

For Copyright: Batman characters in comic movies & books. Copyright allows the copyright holder to restrict or authorize others to exercise their rights.

How Trademark and Copyright Provide Legal Protection

A trademark protects your brand from infringement or reputation damage caused by another company. It gives you legal protection & recourse to take legal action against the organization that uses it to grow their business.

Copyright protects original works of authorship, a form of intellectual property law, which includes musical, dramatic, poetry, novel, computer, software, and architecture. Copyright protects your works & stops others from using them without your permission.

What Copyright Cannot Protect

  • Principles
     
  • Discoveries
     
  • Ideas
     
  • Research
     

Coverage and Validity of Trademarks vs Copyrights

A trademark protects items that distinguish or identify a particular business from another, whereas copyright protects original work that is generated upon the creation of the original work.

Trademarks can be issued for a short-term period of 10 years. After that, you will have to renew them on the payment of the prescribed fees. Copyrights are issued for the long term to the rightful owner. Shield's original creation.

Trademark covers limited areas, normally where goods and services are traded, whereas copyright has international coverage.

As trademarks, it is important to establish your trademark. There are essential factors that contribute to making your brand more important: brand recognition, permanent assets, trademarks that have brand credibility, and avoiding legal issues. As copyrights protect original artistic work.

Conclusion:

No need to be confused about intellectual property registration, JustStart provides you professional help and guidance in online trademark registration and saves your time and energy. It also ensures that trademark registration in India is completed on time without any delay. Point-to-point updates and a dedicated relationship manager for guidance on further requirements. We promise you our commitment, trust and guaranteed satisfaction.

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