Know the Difference Between Trademark and Copyright
Trademark and Copyright are variants of intellectual property rights that help creators gain the rights over their creation for a certain period. Hence, businesspersons must have a clear knowledge regarding the meaning of Trademark and Copyright and, most importantly, the difference between them to apply for the right registration process to protect it. This piece talks about the difference between Trademark and Copyright. Read along!
What Is the Difference Between Trademark and Copyright?
Follow the table mentioned below to learn about the difference between Copyright and Trademark.
| Parameters | Trademark | Copyright |
| Meaning | A Trademark is a logo, symbol, word, design, sound, phrase or a combination of these that every business uses to distinguish its goods or services from other businesses. Trademark indicates sources of services and goods and sets them apart from other services and goods. | A Copyright is a collection of rights given to individuals who create works in the field of literature, music, drama, art, sound recording, screenplay etc. |
| Purpose | To create a brand name for products and services in the market. | To gain exclusive right to use and distribute a creation. |
| Target Object | Trademark protects company brand name or trade name or its taglines, logo label, domain names and slogan. | Copyright targets works of art, drama, and music. |
| Exclusivity | Trademark gives exclusive rights to products and services and the rights to retain them. | Copyrights give a creator to use his/her work in many ways, such as reproducing a work, selling or distributing copies, performing it or producing other works on the basis of copyrighted work for financial gains. |
| Advantage | A Trademark prevents competitors from creating a similar sign or logo and differentiates one brand from others to create a unique impact on customers. | A Copyright prevents other creators from recreating or selling copyrighted work. |
| Validity | Trademarks have a validity of 10 years. | Copyright has a validity of 60 years. |
| Identification Symbol | After registering a Trademark, it achieves a ‘®’ symbol. | To protect the Copyrighted original work, creators can use ‘©’ symbol. |
| Registration | Trademark registration is mandatory. | Copyright registration is not mandatory, but the registration proves its originality. |
What Does a Copyright Protect?
A Copyright protects the rights of the following individuals/works -
- Author (individuals who create intellectual property in the form of literary, dramatic, musical, artistic works)
- Sound recording
- Cinematograph films
How to Protect a Copyright?
In India, creators of literary, dramatic, musical, artistic works can protect their Copyright by filing applications for registration. They can complete this process in two ways. These are as follows -
By filing an application at the official website of Copyright Office Government of India.
By physically filing an application at the Copyright Office in Delhi.
After submitting the copyright registration application, third parties get a 30 day period to raise objections. During this time if the Copyright Office does not receive any objections, they will verify the application and make sure that all procedural requirements are there with the application. In case, any objections are raised, applicants can only get the registration certificate after the objections are complied with or argued against.
What Does a Trademark Protect?
Trademark or service mark protects brand name, business name, slogans, logos.
How to Protect a Trademark?
To protect a Trademark, business persons, i.e., goods and service providers must complete the registration process with the relevant Trademark Registrar in the prescribed format.
Just like revenue, brand name, goodwill, and a good customer base are valuable assets of a business which highlights the importance of Trademark. On the other hand, Copyright gives recognition to creators that arise from the originality of work. Hence, individuals must know their business type, products and services they offer, the difference between Trademark and Copyright and accordingly apply for the registration process.
Frequently Asked Questions
Is the counting of Copyright terms the same for literary works and sound recording?
Yes, the Copyright term for literary works and sound recording is the same, but the initiation of the counting period is different in both cases. In the case of original dramatic, literary, musical, artistic work, the counting of a 60-year term starts after the demise of the author. On the other hand, in the case of posthumous publications, sound recordings, photographs, cinematograph films, pseudonymous and anonymous publications, works of international organisations and works of government, the counting starts from the date of publication.
Which works cannot get the tag of Copyright?
Ideas, discoveries, principles, listings of ingredients or contents (a recipe or instructions can be copyrighted) cannot get the tag of Copyright. The list also includes works that are thought of as "common property," such as calendars or height and weight charts.