What is the meaning of Trademark & copyright?

What is the meaning of Trademark & copyright?

Trademarks: it is a sign that can distinguish a good or a service of an enterprise from the other. Trademark is also protected by IP rights by registering with a national or regional office of emblem, in order to confer an exclusive right to use the registered logo. A trade mark is a sign that you can use to distinguish your business’ goods or services from those of other traders.

There are also benefits of registering a trade mark as when it is not registered; you will have to rely on the rights under common law. But when you register your trademark, you are gaining a legal monopoly for your mark.

Copyright: it is the legal term that describes the rights of the creators on their creative inventions that could be a design, a painting; literary work etc. in simple words copyright protects the work of a creator. It is not required to file for the registration in order to receive copyright protection. The owner automatically enjoys all copyright protection as soon as he creates and expresses his original work in a tangible form.

A copyright provides an economic right that allows the owner to benefit financially from their work and the other is moral right that safeguards the non-economic interests of the owner. According to Berne Convention, these kinds of rights are automatically obtained without any registrations. But in some countries there exists system of voluntary registration which helps to solve disputes on ownership rights. Though, there are some exceptions in this which are as follows:

In case of employment: suppose in special situation for a newspaper or a magazine where an employee creates a literary or artistic work in terms the employment and for the purpose of publication, the owner of the newspaper or magazine holds the copyright of the publication and the employee possesses the left over exclusive rights.


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