Trademark Vs Copyright in India
Introduction
In India, trademarks and copyrights both protect your work, but they do different things. Many business owners don’t realize that their brand name is one of their most valuable assets. Trademarks protect things like logos and brand names, while copyrights protect original creative works such as books, music, and art. Both are important to keep your ideas safe from being copied. This article will explain the differences between trademarks and copyrights and why they are essential for any business.
What is a Trademark?
A trademark is a unique sign, symbol, word, or logo that identifies a brand, product, or service and sets it apart from others.
By registering a trademark, a business gets legal rights to stop others from copying or misusing it, ensuring their brand stays unique and valuable in the market.
What is a Copyright?
Copyright is a legal right that protects original creations like books, music, films, software, and art.
It gives the creator the exclusive right to use, reproduce, or share their work.
Differences between a Trademark and a Copyright
Trademark and copyright can protect similar things, like logos or designs, but in different ways.
| Aspect | Trademark | Copyright |
| Definition | Protects brand names, logos, slogans, or marks that identify a business. | Protects original creative works like music, art, books, and software. |
| Purpose | Ensures brand recognition and prevents misuse of business identifiers. | Protects creative expressions and prevents unauthorized reproduction. |
| Examples | Business logos, brand names, slogans, or product designs. | Novels, songs, movies, software, and paintings. |
| Nature of Work | Associated with commerce and branding. | Associated with artistic, literary, and creative work. |
| Registration | Requires registration to gain protection under the law. | Protection automatically begins once the work is created and expressed physically. |
| Validity | Lasts 10 years (renewable indefinitely). | Generally, it lasts the creator’s lifetime plus 60 years. |
| Symbol | Represented by ™ (unregistered) or ® (registered). | Represented by ©. |
| Scope of Protection | Protects names, symbols, and marks used in business. | Protects the content or expression of ideas, not the ideas themselves. |
| Geographical Scope | Protection is typically limited to the country of registration. | Often extends internationally under copyright treaties. |
| Transferability | Can be sold, transferred, or licensed to others. | Can also be sold, transferred, or licensed, but applies to the work itself. |
| Key Law in India | Governed by the Trademark Act, 1999. | Governed by the Copyright Act, 1957. |
What type of work is protected by Trademark?
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Brand Identity Elements: Protects key elements that define a brand, such as names, logos, slogans, symbols, and packaging designs.
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Distinguishing Products: Ensures businesses can distinguish their goods or services from competitors in the market.
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Consumer Confusion: The court examines whether the use of a brand or symbol could confuse consumers, ensuring its exclusive use remains intact.
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Product Names and Taglines: Protects names, slogans, and other branding elements like distinctive sounds.
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Consistent Brand Image: Helps maintain a unique and consistent identity across products and services.
What type of work does copyright safeguard?
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Literary Works: Includes books, poems, essays, articles, and software like apps and video games.
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Musical Works: Covers music with lyrics.
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Motion Pictures and Audiovisual Works: Includes videos, movies, TV shows, and video games.
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Sound Recordings: Comprises music, podcasts, and recorded speeches.
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Dramatic Works: Includes plays, operas, and musicals.
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Mime Acts and Choreography: Includes dance performances.
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Architectural Works: Covers building designs and plans.
Conclusion
Understanding trademarks vs. copyrights can help you determine which legal protections can prevent others from using your company name, logo, works, and more. Hence, this solely depends on the businesses and individuals as to which one is a requirement for their work as they both serve their unique and important purposes.
Suggested Read :
Renewing International Trademarks
Copyright Registration for Music
Copyright Registration for Book
FAQ ob Trademark and Copyright
1. Which one to choose: Trademark or Copyright?
There’s no comparison from each other as both serve different purposes. Choose a trademark to protect brand elements like logos and names, and a copyright to protect original creative works like art, music, or literature.
2. Who can apply for Trademark and Copyright?
For trademarks, businesses or entrepreneurs seeking brand protection can apply.
For copyrights, the creator or author of original works like art, music, literature, or software can apply for protection.
3. What does ™ and ® signify, when can we use them?
The ™ symbol indicates an unregistered trademark used to promote goods. It can be used even if the trademark isn’t officially registered to claim usage of it.
4. Are Trademarks and Copyrights likely to be rejected?
Yes, trademarks and copyrights can be rejected if they don’t meet the rules. The respective office will reach out to ask for more information or changes if required.
5. Why Ebizfiling for Trademark and Copyright Registration?
EbizFiling provides expert help and a professional guidance for Trademark and Copyright Registration, ensuring a quick, easy process to protect your brand and creative works.
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