Trademark vs Copyright in India
October 7, 2021
The majority of business owners are ignorant of their company’s most valuable asset. It is their brand name on which their company’s survival and reputation are entirely dependent. The market is crowded, and grabbing the attention of the target customer is only half the battle. Customers have been highly brand conscious in recent years. As a result, Trademark Registration and Copyright Application have become the most critical factors in consumer purchase decisions.
As a result, any business, start up, or creative individual must fully grasp trademark and copyright. This will assist them in expanding their business or securing their original work to monetize it.
Table of Content
A trademark is a design, symbol, phrase, logo, word, color, sound, or a combination of these things used to trade products or provide services.
It identifies the origin of goods or services and differentiates them from those of others. It guarantees the exclusive use of a trademark in connection with a product or service.
Copyright is a technique for protecting intellectual property, such as literature, sound recordings, paintings or sculptures, novels or poems, or screenplays, among other things.
It gives a work’s originator the sole right to copy, duplicate, or publish the work for monetary benefit or other purposes. It does not specify that the copyright must be registered.
Difference between Trademark and Copyright
The distinction between Trademark Registration and Copyright Application can be readily grasped by examining the following points:
- Target objects: A trademark protects a company’s brand name, logo label, taglines, slogans, and domain names, whereas copyright protects creative, dramatic, and musical works.
- Aim: The purpose of using a trademark is to maintain the mark’s exclusivity in the marketplace for their products or services, whereas copyrights offer exclusive use and distribution rights.
- Advantage: The trademark prevents competitors from using similar marks or phrases in their branding; the main goal is to develop the brand and instil trust in customers. On the other hand, copyright bans anybody other than the creator from reproducing or selling the protected work, whether online or offline.
- Exclusivity: A trademark not only grants a product or service exclusivity, but it also allows you to keep it. The work creator, on the other hand, can profit from their copyright-protected work.
- Recognition: In clients’ perspective, a trademark offers the product or service a sense of belonging. Customers recognize the brand and can expect a certain level of service or product quality based on the brand’s worth. Copyright, on the other hand, acknowledges the work’s originality.
- Validity: The trademark registration is valid for ten years and can be renewed to keep it protected from infringers. Copyright, on the other hand, is perpetual. The term of copyright for an individual owner is the author’s lifetime plus 60 years. Copyright can continue up to 60 years for a non-individual owner from the date of publication.
- Symbol of Identification: After registration, the trademarked goods, logo, or service may use the ® sign. The emblem, on the other hand, is used to protect copyrighted original works. Although registration is not required, it does serve as proof of uniqueness.
- Registration: Employing the trademark symbol necessitates registration, but using the symbol as a step to add copyright protection does not necessitate registration. Registration, however, establishes the mark’s originality.
The originality of a copyright owner’s work, further protected by the Copyright Application, wins him respect, whereas a firm grows its goodwill under a chosen brand. As the saying goes, “half the battle is won in mind,” so these priceless assets help to build client trust. As a result, a businessperson must seek the protection of these instruments to ensure the uniqueness of their labour or investment.
Internantional Trademark Registration
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