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We often get confused between trademark and copyright, in this article, we’ll understand the difference between trademark and copyright on the various parameters such as advantages, disadvantages, government policies etc.
Trademark
Trademark is a sign or a symbol used by one businessman to distinguish their goods and services from other businesses. It is commonly used by various entrepreneurs in today’s market. An individual, business or legal entity can be an owner of the trademark. We can see many businesses using their trademark or the packaging of the product or on the product itself. It provides you with the protection against your goods brand or mark from other people using it. The person owning the trademark can pursue legal action against any person for using his trademark.
Copyright
Copyright is a legal right in the eyes of law which gives exclusive rights to the person who originally created the work to use. Any person with a copyright should use it in a best and fair way as per the provisions of the copyright law. Those persons who are creative or who write original work receive the copyright. Poets, writers, painters make use of this for their work.
Difference between trademark and copyright under various heads
Legislation
Copyrights are protected by the Indian Copyright Act, 1957 and;
Trademarks are protected by the Trademarks Act, 1999.
Type of Process
The process of receiving the copyright is an Administrative Process.
The process of receiving trademark is a more Adversarial Process.
Importance
Copyrights are used to prevent others from using your creation without your consent.
Trademarks are issued to distinguish and differentiate your mark, brand or logo from others.
Area of Application
Copyrights are applicable all over the world. It is applied to artistic and literary creations.
Trademarks are limited to certain areas in their application. Usually, it is applied to goods and services. The area of limitation can be increased or decreased on the basis of International or National usage.
Concerned person
Copyright filing is processed by the musicians, artists, graphic designers, novelist etc. for the protection of their original and unique work.
Trademark filing is processed by an individual or business to protect their logos or symbols of various goods and services.
Protection
Copyright protects against the copying and is automatic
Trademark protects against the confusion and dilution. Protection is automatic for distinctive marks.
Time Period
Copyright: For all the works which are formed after Jan 1, 1978, the copyright will last for about 70 years also after the death of the creator of that original work.
Trademark: A trademark can be obtained for any period of time but you have to get renewed it periodically.
Fees for the trademark application is more as compared to that of copyright.
Note
To renew the trademark, file certain documents along with the fee. If all these are submitted on time then trademark renewed. If documents and fees are not filed on time then trademark can lapse.
In case, the protection of logo/title/slogan opt for trademark registration because copyright does not protect logo/title/slogan.
Situation
If an artist makes a painting he gets its copyright. Further, if an individual of the company sees that painting and wants to use it as there’s company logo. Then you can register that painting as a logo. You can get both copyright and trademark for the same painting if you wish to.
