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.

What is Copyright?

Copyright is a type of Intellectual Property Right (IPR) and it protects individuals and companies for their original work. Copyright provides the right to the user to use the original product by themselves and also helps them in case anyone tries to copy or redistribute their original work. The government has implemented the Copyright Act, 1957 in India to protect the original author of work and to provide a remedy in case anyone tries to copy their work. Copyright is only given on the original work of the author and the types of work on which copyright is given are literary, artistic, musical, cinematographic, and a range of other kinds of creative works. This right is granted to the owner of work as and when he creates the original work and after that the ownership rests with the owner. This right also provides the owner the right to reproduce their work, make new derivative work from their original work, make copies of their work and they also have the right to display their work in public. The Copyright Act, 1957 also gives the owner the right to authorize any other person on their behalf to exercise the rights given to the owner.

Additionally, India has signed the TRIPS Agreement (Trade Related Aspects of Intellectual Property Rights), which addresses Intellectual Property Rights (IPR) related to trade, and is also a member of the Rome Convention of 1961. The government of our country has amended the Copyright Act, 1957 thrice till now and the latest amendment in the act came in 2012. After this amendment, the government ensures that by this act they not only provide protection to the original creators of the work but also promote creativity, innovation, and cultural development in the society.

What is Trademark?

In India, Trademark is governed by the Indian Trademarks Act, 1999. It is also a part of the Intellectual Property Rights (IPR) of a person or company. Section 2(zb) of the Indian Trademarks Act, 1999 defines a Trademark as a “mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and combination of colors.” A trademark is a kind of mark that a company or brand uses for its identification. It helps the company in establishing its brand in the market and the user to differentiate between different products. A company can apply for a Trademark for all the representations that they use in the market to differentiate their product from any other product.

The company mainly applies for their brand names and logo of the company for Trademark. Any other business cannot use the same name or logo for registering a new Trademark even if they sound similar, have the same meaning, or look similar to an already registered Trademark. The main purpose for registering a trademark for a company is to create a difference in the market for their product with other similar products. Competition in the market is very high and the companies are going to any extent to sell their product in the market. Trademark helps consumers to differentiate between the products they want from various other products in the market. India has also signed the TRIPS Agreement and because of that, the Trademark law in our country is made keeping in mind the laws of another country as well.

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.

Conclusion

In conclusion, both Copyright and Trademark protect the Intellectual Property Rights (IPR) of individuals, businesses, and inventors. While a Trademark protects the name or mark of the brand in the market, a Copyright 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. Both these protect the rights of the owners for some time and make them earn profit for the work they have done. The person working so hard to write or create a piece must have the whole right of ownership over the same. It is essential to understand the difference between Copyright and Trademark for businesses and individual to protect their business.

Also refer to:

Difference between Copyright and Patent

Difference between Trademark and Patent

Frequently Asked Questions (FAQs)

1. What is Copyright?

Answer:

Copyright is a type of Intellectual Property Right (IPR) and it protects individuals and companies for their original work.

2. What is a Trademark?

Answer:

A Trademark is a kind of mark that a company or brand uses for its identification.

3. How many years a Trademark can be protected by registration?

Answer:

Trademark can be protected for 10 years after the registration of the same. After 10 years, the owner must get the Trademark renewed from the ministry.

4. How many years a Copyrighted work can be protected?

Answer:

In India, the Copyright is protected for the lifetime of the user who has created the product plus 60 years after the death of that creator.

5. Is registration of a Copyright necessary in India?

Answer:

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.