What is the difference between a trademark and a copyright, and how do they protect different types of intellectual property?

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Trademark

Trademarks are governed by the Trademarks Act, 1999 ('Act') in India. The Act grants a registered trademark owner exclusive rights to use it and authorizes another entity to use it in return for a payment.

A trademark is a word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services. Therefore, a trademark protects brands, logos, and slogans. For example - Coca-Cola® for soft drinks.

A trademark registration protects the trademark from being registered by others without permission and helps you prevent others from using a trademark that is similar to yours with related goods or services.

Trademark helps in branding your products or services and enables your marketing.

A trademark:

  • Identifies the source of your goods or services.
  • Provides legal protection for your brand.
  • Helps you guard against counterfeiting and fraud.

The protection of your trademark for specified product(s) or service(s) shall lasts as long as you pay your renewal fees and you provide evidence that your are continuously using it. If the renewal fees is not paid as prescribed, the trademark protection will expire and you will need to reapply again if you wish to reuse it.

Copyright

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.

Therefore, a copyright protects artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format. For example Books and song lyrics.

A copyright provides you with exclusive right to reproduce, distribute, and perform or display the created work, and prevents other people from copying or exploiting the creation without the copyright holder’s permission. By granting authors the exclusive right to authorize certain uses of their works, copyright provides economic incentives to create new works and to make them available in the marketplace.

The protection of copyright in India, is the life of the author plus another 60 years.

We hope we answered your question / query.

Thanks & Regards,

Delhi Intellectual Property LLP

Phone: +91-9911456111 / +91-9911984111 / +91-9911860111 / +91-9540656111

Website: www.delhiip.com

Email: info@delhiip.com | patent@delhiip.com | design@delhiip.com | trademark@delhiip.com | copyright@delhiip.com | litigation@delhiip.com

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