Difference between Copyright and Trademark
Basis |
Copyright |
Trademark |
---|---|---|
Purpose |
It protects the right of the original creator of the work and also provides the right to the user to use the original product by themselves. It also helps them in case anyone tries to copy or redistribute their original work. |
It helps the company in establishing its brand in the market and the user to differentiate between different products. |
Governing Act |
The Copyright Act, 1957 governs copyright in India. |
Trademark is governed by the Indian Trademarks Act, 1999. |
Types of Property |
It protects the original work of the author like literary, artistic, musical, and cinematographic. |
It protects the name or mark of the brand in the market. |
Registration |
Registration of copyright is not necessary. It is granted to the author automatically when he creates the original work. Registration of a copyright only gives it extra protection. |
Trademarks must be registered by the company with the Trademark Registry as per the process established under the act for the protection of their trademark. |
Duration of the Protection |
In India, the Copyright is protected for the lifetime of the user who has created the product plus sixty years after the death of that creator. |
Trademark can be protected for 10 years after the registration of the same and after that time, the owner must get the trademark renewed from the ministry. |
Symbol |
The user can use the ‘©’ symbol with their copyrighted work. |
The owners who have their Trademark registered as per the laws of the country can use the ‘®’ sign, or the ‘™’ sign along with their work. |
Ownership |
The author or the creator of the work has the ownership of the same. |
Trademarks can be used by the company or individual who has the registration of the same. |
Infringement |
When any person without any compensation or explicit permission of the creator uses their work then it will be termed as Infringement of Copyright. |
When any person tries to use any mark that is similar to another mark without any explicit permission or compensation then it is an infringement of Trademark. |
Remedies |
The original creator of the work will get damages, injunction, and any other profit. |
When any person uses the Trademark of another, then the original party who has got the trademark registered will have the right to get damages, injunction, and any other profit. |
Fair Usages |
In India, people can use Copyrighted material under fair use for education, research, or news. |
Fair usages of Trademarks are only limited to good faith. |
Difference between Copyright and Trademark
Copyright and Trademark are two important parts of the intellectual property laws in our country. In India, the growth of Intellectual Property Rights (IPR) can be seen in recent years. The reason for that can be the growth of entrepreneurship in our country, the government is also supporting people in opening new companies. Every person with a unique idea can start a business, the government also supports this by providing them with easy and supportive policies. Incorporation of the company is essential as per the laws of the country to start any business but only incorporation of the company will not protect the company or their owners from any form of duplicity.
The company or the individual must register the Trademark of the company and must obtain a Copyright certificate from the government for their work. These certificates will not only prove your identity but also ensure that your brand will be identified among other brands. Copyright and Trademark are two important Intellectual Property Rights (IPR) that protect the business or individual in case any other person or business is using their name or brand to sell any product. The rightful owner of the object has the right against the other and can use the same if it has all the valid documentation of registering their intellectual property.
Table of Content
- What is Copyright?
- What is Trademark?
- Difference between Copyright and Trademark
- Conclusion
- Frequently Asked Questions (FAQs)