Trademarks and copyrights are two fundamental types of Intellectual Property Rights (IPR) in India. Both offer exclusive rights to the owner for a specific period, but they protect different assets.
A trademark safeguards words, phrases, symbols, or designs that distinguish a company’s products or services from those of competitors. It essentially protects brand identity. On the other hand, a copyright protects original creative works such as books, music, films, and software. It safeguards the expression of ideas, not the ideas themselves.
Understanding the distinction between these two forms of intellectual property is crucial for businesses and individuals alike. Choosing the correct protection is essential to safeguarding your valuable assets.
Would you like to know more about the registration process or specific examples of trademarks and copyrights?
What is a Trademark?
A trademark is a unique identifier used by businesses to distinguish their goods or services from competitors. It can be a word, phrase, symbol, design, or a combination of these. By registering a trademark, businesses gain exclusive rights to use the mark, protecting their brand identity. To initiate the registration process, an application must be submitted to the Registrar of Trademarks.
Importance of Trademark Symbols
Trademark symbols provide essential information about a brand’s legal protection. The ™ symbol signifies an unregistered trademark, indicating the owner’s claim to exclusive rights without formal registration. Conversely, the ® symbol denotes a registered trademark, signifying legal protection granted by a government office. It’s crucial to note that the © symbol is reserved for copyright protection, safeguarding original creative works, and is not associated with trademarks.
What is a Copyright?
Copyright is the exclusive legal right granted to the creator of an original work. This includes a wide range of creative outputs such as books, music, films, software, artwork, and more. Essentially, copyright protects the expression of ideas, not the ideas themselves.
While the creator is usually the copyright owner, this isn’t always the case. If a work is created as part of an employment, the employer might own the copyright, depending on the terms of the employment contract.
Difference between Trademark vs. 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 utilize 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 utilize 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. |
Conclusion
Trademarks and copyrights are distinct intellectual property rights that serve different purposes. Trademarks protect brand identity by safeguarding words, symbols, or designs associated with specific goods or services. In contrast, copyrights safeguard original creative works such as literary, artistic, or musical creations. While both are crucial for protecting intellectual assets, understanding their specific scope is essential for appropriate legal protection and enforcement.