Copyright and trademark are two different types of intellectual property. They protect the creative and commercial interests of a person or business. Both forms help protect different types of work. However, they have different functions, eligibility criteria, and legal implications. Knowing the differences between copyright and trademark is very important to any person who wants to safeguard his ideas, creations, or brands.

What is Copyright?

Copyright protects original works of authorship. This includes books, music, movies, software, and artwork. If you do something original, copyright gives you exclusive rights to your work. This means that no one else may copy, distribute, or perform your work without permission. Copyright is automatically granted when the work is created and fixed in a tangible form, like a book or a painting.

The copyright time period in India generally lasts for the lifetime of the author plus 70 years. At this point, the work will have passed into the public domain.

Copyright's Essential Ingredients:

• Nature of Protection: Copyright protects a particular expression of an idea. Like, a book's text, a musical composition or computer code in software—not the idea, method, or principle itself.

• Automatic Copyright: Copyrights are automatically obtained as soon as the work is put into any tangible form. This means that you don't need to file for registration for a copyright over your work. However, registration helps much in court battles.

• Term: In all jurisdictions, copyrights last during the life of the author plus some fixed number of years after death (typically 70 years from death in most countries), and then the work enters the public domain.

• Rights of the Copyright Owner: The Rights of Copyright Owner are exclusive rights to reproduce, distribute, perform, display, and create derivative works based on the original.

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What is a Trademark?

A trademark is the protection given to brand identifiers such as logos, names, and slogans. For any business, trademarks help make your products or services different from others. A trademark can be a word, a logo, a phrase, or even a colour. For example, the Nike "Swoosh" and the Coca-Cola name are trademarks.

Trademarks are registered with the registering authority, which can be the United States Patent and Trademark Office (USPTO). After registration, a trademark exists in perpetuity, provided the trademark is used in commerce by the brand.

Key Characteristics of Trademarks

• Level of Protection: A trademark guards brand identifiers---including logos, slogans, or product names---that help identify the origin of goods or services.

• Registration: Trademarks are protected by registration with the appropriate governmental agencies, such as the United States Patent and Trademark Office (USPTO). Although common law rights still exist for unregistered trademarks, registered trademarks offer stronger legal rights and more national protection.

• Duration: Trademark rights are virtually endless, provided the trademark continues to be used in commerce and is kept current through renewals.

• Rights of the Trademark Holder: Only the trademark holder has the right to use the trademark in relation to the goods or services. Holder has the right to prevent others from using similar marks that may create consumer confusion.

Differences Between Copyright & Trademark

Copyright and trademark are the two most significant forms of intellectual property protection. Both protect the rights of creators and businesses but serve different purposes and protect different aspects. Here are the main differences between copyright and trademark.

1. Purpose:

• Copyright: Copyright protects original works of authorship, including literary, musical, and artistic works.

• Trademark: Trademark protects brand identifiers, such as logos, names, and slogans used in commerce to distinguish goods or services.

2. Scope of Protection:

• Copyright: Copyright applies to the individual expression of an idea. Like a book's text, song's melody, or painting.

• Trademark: Trademark applies to words, symbols, or designs that identify the source of goods or services. This distinguishes them from others in the market.

3. Eligibility:

• Copyright: Copyright applies to original creative works in a tangible form, such as writing, music, films, software, etc.

• Trademark: Trademark applies to brand identifiers, such as logos, names, and packaging a consumer identifies with a particular good or service.

4. Automatic Protection vs. Registration:

• Copyright: Copyright protection is automatic by the time the work is created in a tangible form (although registration offers greater legal protection).

• Trademark: Trademark protection generally depends on official filing with a rule-making body like the USPTO for the acquisition of legal rights.

5. Duration

• Copyright: Copyright exists for the duration of the life of an author plus an additional 70 years (in most countries).

• Trademark: Trademark protection can remain in place in perpetuity where the trademark remains in active use and is maintained through periodic renewals.

6. Rights Granted:

• Copyright: Copyright gives the author the right to make reproductions, distribute, perform, display, and create derivative works of the original work.

• Trademark: Trademark gives the right to exclusively use the mark in connection with specific goods or services. It prohibits others from using marks confusingly similar to the trademark.

7. Emphasis:

• Copyright: Copyright emphasizes protecting the creative expression of ideas.

• Trademark: Trademark emphasizes the protection of a brand's identity and reputation.

8. Example:

• Copyright: A book, a song, a painting, or a software program.

• Trademark: The "Nike Swoosh" logo, the name "Coca-Cola," or the "McDonald's" logo.

9. Infringement:

• Copyright: Copyright infringement is when someone reproduces, distributes, or displays a copyrighted work without permission.

• Trademark: Trademark infringement is when someone uses a mark that is likely to confuse the source of goods or services.

10. Use Case:

• Copyright: Copyright is used by creators (authors, musicians, artists, software developers) to protect their creative works.

• Trademark: Trademark is used by businesses to protect their brand identity. It helps to prevent competitors from using confusingly similar marks.

Key Highlights: Copyright vs. Trademark

Here’s a table highlighting the key points of difference:

Summing Up

Although copyrights and trademarks guard intellectual property, there are differences in the forms of intellectual property covered by each. Copyright allows creators of artistic or literary works to have protected rights. Trademarks ensure businesses can protect the identity of a brand within the market. If someone knows when and how to use those protections, then creators and businesses may efficiently manage and defend their intellectual properties.

Copyright Vs. Trademark FAQs

Q1. What is copyright?

Copyright protects original creative works such as books, music, and artwork.

Q2. What is a trademark?

A trademark protects brand identifiers such as logos, names, and slogans.

Q3. How long does copyright last?

Copyright lasts for the lifetime of the creator plus 70 years.

Q4. How long does a trademark last?

A trademark can last indefinitely with active use and proper renewal.

Q5. Do I need to register a copyright?

No, copyright automatically applies when the work is created and fixed in a tangible form.

Q6. Do I need to register a trademark?

Yes, trademark registration provides greater forceful protection as well as legal recourse.