Difference between Trademark and Copyright in India

Trademark Vs Copyright.

Difference between Trademark and Copyright in India

Jun 19, 2021 Trademark by admin

Often, we get confused between the definitions of trademark and copyright. Both of them are used to protect intellectual properties and both of them carry the name of their owners. However, there are many differences between the two of them in terms of pros, cons, policies, validity and more. Therefore, it’s important to understand the difference between trademark and copyright

Trademark: What is it?

A trademark is a mark that signifies your trade. For instances, if you’re a trader who wants to distinguish your product or services from the rest, you’re going to use trademark. In today’s market where brand is everything, trademark is used by entrepreneurs to assert their rights over their products and services. You see these marks on any products you buy, from packaging of that product to the banner of the office in which the product is formulated. With trademark registration, your rights towards your trademark are protected. What it means is that it will prevent others from using that trademark – ensuring that only you get to use the brand that you designed or decided for your services or products.

Copyright: What is it?

Copyright is the protection given as per the Intellectual property laws that gives the creator of work exclusive rights of that work. Simply put, it’s the right that ensures that you, as a creator only gets to sell, resell, or even destroy the work you’ve created. It could be a novel you’ve written, or a software you have created, or a painting you’ve drawn. From paintings, to books to stories to songs to music to videos to even instrumentals, everything is covered under the copyright laws. Copyright is one reason that we know the names of artists such as MF Hussain, Picasso and even JK Rowling.

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Difference between trademark and copyright based on several parameters

Following are the list of parameters telling you the trademark and copyright difference that you should know about.

Legislation they belong to:

  • Trademarks are protected by the Trademarks Act, 1999
  • Copyrights are protected under the Indian Copyright Act, 1957

Process to get these IP registrations

  • To get trademark registration, you’ll need to go through the adversarial process.
  • To get copyright registration, you’ll need to go through the administrative process.

Scope of protection

  • Copyrights protect your ownership of your creative work all over the world. Regardless of the which country it is, if it’s your creation, it only belongs to you.
  • Trademark registration is limited to regions. For instance, if you’ve registered your trademark in India, it will only be protected in India. People outside India can use that trademark as per their legislation.

Who files for these protections?

  • Trademark application for registration is filed by individuals or companies
  • Copyright application is filed by either artist, graphic designers, musicians, novelists or any other type of content creator.

Type of protection

  • The protection type of copyright registration is automatic. As soon as you come up with your content, copyright protection is obtained. Copyright registration is needed to enforce that protection.
  • Trademark protects by preventing confusion between other trademarks. If the mark is distinctive, protection is automatic.

Validity

  • When it comes to copyright, all the artistic or creative works formed after 1st Jan1978 will have copyright protection for 70 years after the death of the creator
  • When it comes to registration of trademark in India, the validity is for 10 years after which, it has to be renewed.

Are you interested in protecting your artistic creative works? Or, are you someone who wants to protect your brand? Whatever the case may be, Regalguru is here for your aid. Reach out to us for hassle free trademark and copyright registration services.

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