Trademark Vs Copyright: Know The Difference
A trademark and copyright are types of Intellectual Property Rights (IPR) in India. They provide the owners with an exclusive right of use over their products or creations for a limited time. Trademarks are used for goods or services of a company, while copyright is used for original creative work like videography, photography, literary works, etc.
The scope of trademarks and copyrights is different. Thus, an individual or entity seeking to register an intellectual property must know the differences between a trademark and copyright and obtain the correct registration to protect their intellectual property.
What is Trademark?
A trademark is a word, logo or visual symbol used by businesses to differentiate their goods or services from other businesses offering similar goods or services. Trademarks are registered to protect brand names, slogans, business names, etc. For trademark registration, an applicant should file the trademark application with the Registrar of Trademarks.
What is Trademark Symbol? Know About ™, Ⓡ, ⓒ Symbols
Trademarks intend to protect the public from getting confused with similar products in the market. A trademark ensures the brand’s authenticity and helps to retain its uniqueness in the market. The trademark law grants the trademark owners the right to prevent others from unauthorised usage of the trademarks for their products or services.
What is Copyright?
A copyright is a right granted to the creators of musical, literary, artistic, and dramatic works and the producers of sound recordings and cinematograph films. It is used to protect the creativity of individuals like artists, writers, designers, dramatists, designers, architects, musicians, and producers of cinematograph films, sound recordings and computer software.
Copyright intends to protect the original work of individuals, and nobody can reproduce, copy or use the creators’ content without their permission. The registered owner of a copyright has the rights to publishing, printing, copying or marketing his/her intellectual work. It protects music, books, movies, photographs, paintings, songs, novels, dances, etc., from reproduction or copying.
Difference Between Trademark and Copyright
Following are the differences between a trademark and a copyright:
| Particulars | Trademark | Copyright |
| Governing act | Trade Marks Act, 1999 | Copyright Act, 1957 |
| Registering authority | The Controller General of Patents, Designs and Trademarks are responsible for the examination of trademark registration applications. | The Copyright Office is responsible for the examination of copyright registration applications. |
| Applicant | An individual or a business can be an applicant and obtain trademark registration for their logos or symbols to be applied for goods and services. | An author of a work, i.e. a book author, music composer, artist, photographer, producer or software developer, can apply for copyright registration to protect their original and unique work. |
| Protection | A trademark protects a brand, name, logo, shape or slogan used to sell products and services. | A copyright protects original creative expressions such as artistic, literary, and dramatic works. |
| Coverage | A mark is used to identify the brand of a product, good or service. | A copyright is used for the original creation in literary, dramatic and artistic works. |
| Purpose | The purpose of using trademarks is to ensure the exclusivity or distinctiveness of the product or service. | The purpose of using copyrights is to ensure the creator’s interest is protected and to give an exclusive right to utilise or distribute their creation. |
| Recognition | Trademarks help consumers and businesses to recognise the standard and quality of a product or service of a business. | Copyrights help recognise the original nature or aspect of the work the author has created. |
| Validity | Trademark registrations are valid for ten years from the application date. | Copyright registrations are valid for the lifetime of the author. After the death of the author, they are valid for 60 years from the year after the author’s death. |
| Ownership | The trademark owner has entire ownership over the registered trademark. The trademark helps individuals and businesses protect and retain the exclusivity of the services or products they provide. | The author of a copyrighted work gets the exclusive rights to utilise the copyrighted work for financial gains. |
| Symbolic representation | When a trademark registration is in progress, the term ™ is used. When registration is obtained, the Ⓡ symbol is used. | When a copyright registration is obtained, the © symbol is used. |
A trademark is used by businesses and individuals for their products and services, while the authors of creative works obtain copyright. The trademark protects the uniqueness of the mark used for products or services. The copyright protects the creativity and originality of literary, dramatic and artistic works.
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