Difference Between Trademark and
Copyright
Most business owners are unaware about the most valuable asset of their business. It
is their brand name under which the existence and goodwill of their business
completely depend. The marketplace is overcrowded and capturing the target
customer’s attention is the battle half won. These days the customers have become
highly brand conscious. Thus, trademark and copyright have become the greatest
influences on the consumer’s purchasing decisions.
It is, therefore, important for business or start up or creative people, to have a clear
understanding about trademark and copyright. This will help them grow their business
or secure their original work, for monetizing.
Trademark: A trademark is a symbol, logo, design, word, phrase, colour, sound, or a
combination of these, which is used for the purpose of trading goods or providing
services. It indicates the source of goods or services and distinguishes them from the
goods and services of others. It provides the exclusivity of rights to the use of a
trademark in relation to the product or service.
Copyright: Copyright is also a tool to protect intellectual property which is generally in
the form of literature, sound recording, painting or sculptures, books or poetry or
screenplays, etc.
It grants the exclusive right of a creator of the work to specifically copy or reproduce
or publish the work for monetary gains or otherwise. It doesn’t specifically require
registration of the copyright.
The Difference between the Trademark and Copyright
The difference between the trademark and copyright can be understood clearly on the
basis of the following differentiating points:
1. Target objects: The trademark acts as protection for a trade name or company
brand name or its logo label, taglines, slogan and domain names whereas copyright
protects artistic, dramatic and musical works.
2. Purpose: The purpose of using the trademark is to retain the exclusivity of the mark
for their products or services in the market, whereas the copyrights grants exclusive
right to use and distribute.
3. Benefit: The trademark prevents other competitors from using similar kind of marks
or texts in their branding, the sole purpose here is the brand establishment and trust
inculcation in customers. Whereas, copyright prohibits any person other than the
creator to reproduce or sell the copyrighted work online or offline.
4. Exclusivity: Trademark not only gives exclusivity to the product or services it is also
a means to retain it. Whereas the work creator can use their copyright-protected work
for financial gains.
5. Recognition: Trademark gives a sense of belongingness about the product or
services in the eyes of customers. The customers recognize the brand and can assume
the service or product quality as per the brand value. Whereas, copyright recognizes
the original aspects of the work.
6. Duration of validity: The trademark registration is valid for 10 years which can be
renewed to protect it from infringers. Whereas, copyright is valid for a lifetime. For an
individual owner, the term of copyright is the lifetime of the author plus 60 years. For a
non-individual owner, copyright may last up to 60 years from the date of the
publication.
7. Symbol of Identification: The trademarked product or logo or service is permitted
to use the sign after the registration. Whereas, the symbol © is used for the protection
of copyrighted original works. It doesn’t mandatorily require registration but
registration proves the originality.
8. Registration: For using trademark symbol, registration of the mark is mandatory but
using © symbol as a measure to add copyright protection doesn’t mandatorily require
registration, but registration proves the originality.
A copyright owner earns his recognition from the originality of his work, which is
further protected by the copyright, and business builds its goodwill under a chosen
trademark. As it is said, “half the battle is won in the mind”, therefore these invaluable
assets nurture the trust value of the customers. Thus, it is immensely important for a
business person to seek the protection of these tools to secure the originality of their
work or investment.
Comments
Post a Comment