What is the difference between Trade mark and Copyright?

Answer 1

The existence of trademark and copyright is quite distinctive in various different tangents such as scope, governance, applicability, etc. Following table paints down the difference in these two different canvas of Intellectual Property:

S.No. Particulars Trademark Copyright

1 Regulatory statute In India, trademark act is regulated by Trademark Act,1999 In India, copyright act is regulated by Copyright Act,1957

2 Who can be an Applicant? Any person or business can apply for a trademark registration to protect their symbols, slogans or logos used for products and services Authors of original work, including books, artistic work, photographs, films, music, and software are eligible to register for copyright

3 Registering Authority For trademark the registering authority is the Controller General of Patents, Designs, and Trademarks For copyright registering authority is ‘Copyright Office’

4 Target objects Trade names, marks, logos, taglines, slogans, business brands, and domain names are protected by trademarks Creative, artistic, dramatic and musical works are protected by copyright

5 Purpose The main goal of using a trademark is to maintain its exclusive right upon the business goods and services Copyright registration intends to provides the sole right to distribute and use goods and services

6 Exclusivity A trademark grants a product or service exclusivity and a way to keep it that way The author of the work is free to make profit from the use of their copyright-protected creation

7 Recognition In the eyes of consumers, a trademark lends a sense of identification of product or service. Customers are aware of the brand and can infer the quality of the product or service based on the brand’s reputation Copyright acknowledges the unique elements of the work, therefore, offers protection against the ill use, pirating of the work.

8 Validity period To keep it safe from violators, a trademark registration is valid for ten years and can be renewed In India, a single owner’s copyright is valid for the author’s lifetime plus an additional 60 years. The copyright may be in effect for a non-individual owner for up to 60 years beyond the date of publication

9 Identifier Symbol Following registration, the trademarked good, logo, or service may utilize the ®, TM, SM Original works protected by a copyright are denoted by the symbol ©. Although registration is not necessary, it does attest to the originality.