Trademark vs Copyright








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Trademark vs Copyright


Updated on October 24, 2024 11:45:44 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.


What is a Trademark?



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.

Kinds of Trademark



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:

  • Word Mark:In this category include any letter, word, numeral, slogan, phrase or combination of word and number.
  • Examples - TATA( a word), JUST DO IT (a phrase), 7UP(a combination of number and word), etc.

  • Device Marks:This mark is used by businesses to give a visual representation of the brand.
  • Examples - Apple logo, the Three-striped logo of Adidas, etc.

  • Colour Marks:In this category of Trademark includes the colour or the combinations of colours that give an identity to the product.
  • Examples - Kitkat (red and white colour combination), Cadboury (blue and white colour combination), etc.

  • Sound Marks:Sound marks uses a specific sound or rhythm that distinguishes a brand identity by its sound.
  • Examples: MGM’s lion roar sound, Nokia’s unique sound, etc.

  • Shape Marks:These include the Product's unique type of packaging shape, bottle shape or pattern design of the product.
  • Examples: Coca cola’s bottle shape, Triangular shape of Toblerone Chocolate, etc.

  • Three-dimensional Mark:3 Dimensional mark is a type of trademark that uses a 3D shape to make a solitary identity for the product.
  • Examples: XBOX logo

Six Works comes under Copyrights



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:

  • Literary work:This category includes poetry, novel, newspaper, article, etc.
  • Music Work:This work includes any kind of unique music or song that has never been published.
  • Dramatic Work:This work includes Plays and operas.
  • Audiovisual work:In this category includes virtual classroom, LCD project, multimedia, etc.
  • Pictorial, graphics & Sculpture work:It includes any picture, chart, diagram, etc.
  • Sound recording:Any sound that is unique, it can be natural sound, instrument sound or many more.

Difference Between Copyright and Trademark



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
  • Video
  • Sound
  • Song
  • Poem
  • Novel
  • Plays
  • Pictures
  • Graphics
  • A logo
  • Symbol
  • Pattern
  • Colour
  • Word
  • Phrase
  • Slogan
What can't be registered
  • Product name
  • Title of any work
  • Name of Organization
  • Slogan
  • Phrase
  • Similar mark to existed trademark
  • Offensive words
  • Geographical term
  • Shape of any goods
  • Surname
Duration Till the owner’s life and plus another 70 years. 10 years
Importance
  • Protect original creative works.
  • Provides exclusive rights to the creator.
  • Add value to creative work.
  • Allow creators to profit from their creation.
  • Provide licensing & monetizing creative work.
  • Grants many legal rights on brand names.
  • Build brand reputation.
  • Marketing tool to promote business.
  • Add values to business.
  • High probability of business expansion in future.

Conclusion



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.

Frequently Asked Questions



 What is the difference between Trademark and Copyright?

 Is Slogan a Trademark?

 What does the TM symbol mean?

 What is Copyright?