Difference between Trademark and Copyright

 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.