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Difference between Trademark and Copyright

Difference between Trademark and Copyright

If you are eager to know the difference between “trademark and copyright” then you are at right place. We will help you to find the reasons which make them mean different from one another.

Copyright and trademark both are forms of intellectual property i.e. IP. A copyright is geared toward literary and artistic materials and works, such as books and videos, and is automatically generated upon creation. A trademark protects items that help define a company brand, such as its logo or slogan, and require more extensive registration through the government.

It needs more attention towards the definition of both the terms for better understanding.

Trademark

A trademark is a symbol, logo, design, word, phrase, color, sound or a combination of these which is used for the purpose of trading goods or providing services. It indicates the source of goods and services and distinguishes them from the goods and services of others.

It provides exclusivity of rights to the use of a trademark in relation to the product or service. A trademark owner can be an individual, business organization or any legal entity. The trademark registration is valid for 10 years which can be renewed further.

Copyright

A copyright is also a tool to protect intellectual property which can be in the form of literature, sound recording, paintings or sculptures, books or poetry or screenplays etc. It grants the exclusive right to the creator of the work to specifically copy or reproduce or publish the work for monetary gains or otherwise.

It doesn’t specifically require registration of the copyright. For an individual owner, the term of copyright is the lifetime of the author plus 60 years whereas for a non-individual owner, a copyright may last up to 60 years from the date of the publication.

Now when you understand about trademark and copyright, let’s have a look on the difference between them.

Meaning

Trademark is anything that recognizes the brand uniqueness and separates a product or service from those of the competitors whereas the right of the creator of his intellectual property that prevents others from publishing or copying the original piece of work is known as Copyright.

Governing Act

Trademarks Act, 1999 and Indian Copyright Act, 1957

Use

Trademark protects public from confusion whereas copyright prevents others from copying or using the original creation.

Issued for

Trademark is issued for short term in comparison with copyright.

Term of Protection

Term of trademark is for as long as the mark is used in commerce and term of protection of copyright is Author’s life plus 70 more years.

Requirements to be Protected

A mark must be distinctive for the protection of trademark and a work should be original, creative and unique for the protection of copyright.