Copyright vs Trademark have differences which we will discuss in this post. In today’s digital and business landscape, protecting your intellectual property is crucial for any business. However, understanding the difference between can be confusing for many business owners.
While both are forms of intellectual property protection, they serve different purposes and apply to various types of creative or commercial work. This guide aims to clarify the key differences between copyright and trademark, helping business owners understand which type of protection is needed for their intellectual assets.
What is a Trademark?
A trademark is a symbol, word, phrase, design, or combination thereof that distinguishes goods or services of one entity from another. Unlike copyright, which applies to original works, trademark serves as a brand identifier for products or services, helping consumers recognize and trust a particular brand.
Trademark protection applies as long as the mark is used in commerce and remains distinctive. In India, trademarks must be registered under the Trademarks Act, 1999 for official protection. Once registered, a trademark provides legal ownership and the exclusive right to use the mark in connection with specific goods or services.
Examples of trademarks:
- Logos (e.g., Nike’s Swoosh)
- Brand names (e.g., Apple)
- Taglines or slogans (e.g., “Just Do It”)
What is Copyright?
Copyright is a legal right that grants the creator of original works exclusive rights to use and distribute their work. It typically applies to artistic, literary, and musical works, as well as films, software, and architectural designs. The purpose here is to protect the unique expression of ideas, but not the ideas themselves.
Once a work is created and fixed in a tangible form, copyright protection automatically comes into effect. For example, the moment a book is written, or a song is recorded, it’s copyrighted.
Examples of works protected by copyright:
- Books, poems, and articles
- Musical compositions and sound recordings
- Films, documentaries, and television shows
- Software and architectural plans
Copyright Vs Trademark: Key Differences
While both copyright and trademark offer protection for intellectual property, they differ in scope, duration, and purpose.
- Purpose:
- Copyright protects original creative works, such as art, literature, music, and films.
- Trademark protects brand identifiers, such as logos, names, and slogans that distinguish goods or services.
- Coverage:
- Copyright applies to the unique expression of ideas, such as the text of a book or the melody of a song.
- Trademark applies to elements that identify and distinguish a business, such as a brand logo or product name.
- Duration:
- Copyright protection lasts for the creator’s lifetime plus 60 years after their death in India.
- Trademark protection lasts indefinitely, as long as the mark is actively used and renewed every 10 years.
- Automatic vs. Registration:
- Copyright protection is automatic upon creation of the work.
- Trademark protection requires formal registration with the government, specifically under the Trademarks Act in India.
Copyright and Trademark in Business
For business owners, it’s important to understand which form of protection is relevant to your intellectual property. For example, if you’ve created a unique software program, copyright will protect your code and design. However, if you want to protect your company’s name, logo, or slogan, you will need to register a trademark.
Having both copyright and trademark protection can offer comprehensive intellectual property security for your business. For example, a company like Coca-Cola holds copyright over its advertising jingles and artistic designs, while also holding trademarks for its logo and brand name.
Copyright Case in India: The Landmark Case of Ramesh Sippy vs. Shaan
One of the landmark copyright cases in India is the Ramesh Sippy vs. Shaan case, where the creator of the popular Bollywood film “Sholay” fought for his rights over the film’s television broadcast. This case highlighted the importance of copyright protection in ensuring that the creator’s work is not used without permission or adequate compensation.
On the other hand, trademark disputes often revolve around the misuse of brand names or logos, which can confuse consumers and damage the brand’s reputation. Famous cases like Amul vs. Anmol are examples where companies fought to protect their trademarked logos and brand identities.
Conclusion
Whether you’re an artist, writer, or business owner, securing copyright for your creations and trademark for your brand identity will help you navigate the complexities of intellectual property law. It’s also advisable to consult with a legal expert to guide you through the registration process and ensure that your intellectual property is fully protected.
