Differences Between Trademark And Copyright
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DIFFERENCE BETWEEN TRADEMARK AND COPYRIGHT
The Difference Between a Trademark and a 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 business entity, while copyright is used for original creative work like artistic work, literary work, videography, photography etc.
Though both are Intellectual Property, but their scope are different. Accordingly the person/entity seeking registration must know their importance and seek registration. For that we must know what is trademark and copyright.
WHAT IS A TRADEMARK?
Trademark are obtained for brand name, logo, shape, slogan etc. for goods and services. In case of Trademark, an applicant is generally an individual or business entity which apply trademark for brand name and logo for goods or services. Trademarks Act 1999, governs Trademark and is valid for 10 years from the date of application. The registering authority of Trademark is The Controller General of Patents, Designs and Trademarks.
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 unauthorized usage of the trademarks for their products or services.
Two symbols are allowed to use in Trademark, TM-when the application is pending and ®, once the trademark is registered.
WHAT IS COPYRIGHT?
Copyright is granted for work which are creative in nature like artistic, literary, and dramatic works. 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.
Copyright help recognize the original nature or aspect of the work the author has created. Copyright shall subsist in any literary, dramatic, musical or artistic work published within the life time of the author until sixty years from the beginning of the calendar year next following the year in which the author dies.
Copyright Act, 1957 governs Copyright. The Copyright office is the registering authority. When copyright registration is obtained, the symbol © is used.
THE DIFFERENCE BETWEEN A TRADEMARK AND A COPYRIGHT
A trademark and a copyright both are forms of intellectual property, but they differ in what they protect and how they are obtained.
Trademark:
- A trademark is a type of intellectual property that protects names and other marks associated with a particular product or company. it can be a wordmark, logo, combination of letters and numerals, shape of goods, packaging, or combination of colors, or any combination, which identifies products or services of a particular source from others.
- Trademarks are used to protect the unique identity and reputation of a brand or company, and help consumers identify and differentiate between goods or services offered by different companies.
- Trademarks are registered in any one of the five Trademark offices situated at Kolkata, Delhi, Mumbai, Chennai, and Ahmedabad having jurisdiction over the State.
- Trademarks are renewable, as long as they are being used and maintained properly, all registered trademarks are valid for a period of 10 years from the date of application. After the expiry of 10 years, a trademark has to be renewed for another 10 years by paying the prescribed government fees.
- When Trademark registration is in progress the term TM is used. After registration, the symbol ® is used.
Copyright:
- Copyright Act, of 1957 governs Copyright.
- Copyright is a type of intellectual property that protect original works of authorship, 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.
- The Copyright Office is the registering authority. (new delhi)
- Any work published within the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies.
- Copyright help recognize the original nature or aspect of the work the author has created.
- When copyright registration is obtained, the symbol © is used.
Just to summarize, trademarks protect brand names, logos, and other distinctive marks used to identify goods or services in the marketplace, while copyrights protect original works of authorship such as books, music, and art.
Trademarks require registration and copyrights are automatically granted upon creation and protect the expression of original works.
FAQs on the difference between a trademark and a copyright :
particular product or company. it can be a wordmark, logo, combination of letters and numerals, shape of goods, packaging, or combination of colors, or any combination.
original works of authorship, 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.
registered trademarks are valid for a period of 10 years from the date of application. After the expiry of 10 years, a trademark has to be renewed for another 10 years by paying the prescribed government fees.
Any work published within the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies.
The Copyright Office is the registering authority. (new delhi)
