Updated on August 05, 2024 11:15:46 AM
Intellectual property refers to the invention of humans. It can be any audio-visual recording, unique literacy work and any type of symbol, pattern or design determining a product or work. Intellectual properties can be protected by the Trademark, copyright and patent.
By registering the Trademark and Copyright the owner or inventor gets many legal rights over their product or invention. It makes a unique brand reputation for that particular product or work. But understanding the difference between trademark and copyright is mandatory for protecting the brand or invention identity from competitors.
A trademark is a logo or symbol that determines a particular business or service. It aids to distinguish a business from others that serve in the same category. A Trademark can be a word, symbol, pattern, design, colour combination or number.
In India, section 2(zb) of the “Trademark Act,1999” grants permission to register a Trademark. Protecting a brand’s reputation and its unique identity is the main purpose of the trademark. It is a main component for a business that wants future expansion. It also prevents the use of similar kinds of trademarks that have been already registered, which can cause confusion among consumers and harm a brand’s reputation.
There are several kinds of trademarks that help to build a strong identity to a product or business. Here are some kinds of trademarks given below with the well-known example that is commonly registered:
Examples - TATA( a word), JUST DO IT (a phrase), 7UP(a combination of number and word), etc.
Examples - Apple logo, the Three-striped logo of Adidas, etc.
Examples - Kitkat (red and white colour combination), Cadboury (blue and white colour combination), etc.
Examples: MGM’s lion roar sound, Nokia’s unique sound, etc.
Examples: Coca cola’s bottle shape, Triangular shape of Toblerone Chocolate, etc.
Examples: XBOX logo
Copyright is a legal concept for protecting intellectual property. Copyright grants a solo authority to the owner of its work. Additionally, copyright grants numerous exclusive rights, which establishes the work's originality.
In India, “The Copyright Act, 1957”, protects any idea or work that is unique. Any audio, drama, pictorial or sound can be included in the copyright. This act claims that apart from the owner nobody can copy or remake that original work. The owner's copyright is valid for an extra 70 years after they pass away. The duration, however, will end with the final copyright owner and plus 70 years after his or her passing if it is a collaborative work.
There are several kinds of trademarks that help to build a strong identity to a product or business. Here are some kinds of trademarks given below with the well-known example that is commonly registered:
There are many differences between copyright and Trademark which can be understand by below given chart:
| Categories | Copyright | Trademark |
|---|---|---|
| Symbols | Symbol circled C or © | Symbol ™ |
| Governed Under | "The Copyright Act, 1957" | "The Trademark Act, 1999" |
| Definition | Copyright is a legal term that provides an exclusive right to the creator on their original work. | The trademark is a mark that is capable of being represented graphically, it gives legal rights to the brand name. |
| What can registred |
|
|
| What can't be registered |
|
|
| Duration | Till the owner’s life and plus another 70 years. | 10 years |
| Importance |
|
|
Trademark and Copyright both are essential parts to protect the intellectual property, but both are for different purposes. Trademark secures a symbol or logo of any business that distinguish them from others, but Copyright secures or provides protection to the original work of any creator. Therefore, understanding the difference between Trademark and Copyright is very important to provide a safeguard to our work.
