What Is The Difference Between Copyright And Trademark?

The Complete Guide

Trademark and copyright are mixed up with intellectual property (IP) law because both have been used for protection of creative work as well as marks. Both are connected but in two different ways because both are two types of protection which have been used for protection of something else. Entrepreneurs, companies, and owners of intellectual property must know what the distinction between trademark and copyright is. What we are going to learn here is what trademark and copyright are, their general differences, and how these protection tools are significant to our modern business.

What is Copyright?

Copyright. It is an ownership right to which a copyright owner has a right to enforce as a means of acquiring monopoly in use, distribution, and reproduction. The protection under the copyright is to invest in the right of controlling use of the work by the owner to deter other parties from using or distributing their work without permission. This copyright is protecting against any type of work utilizing creative content like:

Copyright protection begins the instant a work is fixed in material form like a literary work, a sound recording, or a painting. Copyright is not perpetual but restricted one, normally author’s life + 70 years in majority of the jurisdictions (e.g., U.S.). After expiry of term of protection of copyright, work will be in public domain and work will be accessible to all free of permission.

Key Features of Copyright:

1. Length: Entitles the author to live for author’s life + 70 years (in typical cases).
2. Scope of Protection: Covers original work of an author, i.e., paintings, books, music, and computer programs.
3. Right of Exclusivity: Also provides right of reproduction, distribution, performance, and display of the work.
4. No Registration Necessary: A work shall be copyrighted at the time when it is created without regard to registration in a copyright office with some preferred advantage in law.

What is a Trademark?

A trademark is a term, name, symbol, slogan, or mark that a business entity or a service uses in an attempt to distinguish and identify the source of the product or service from another. Businesses normally use trademarks so that they are in a position to create brand name and guard their name in the market. Every time you catch a glimpse of an image, an image, i.e., ubiquitous Nike’s “swoosh” or McDonald’s golden arches, they are signs that connect you with the company and the product.

Trademarks can be used on other features of a business, i.e.:

• Brand names (Apple, Nike)
• Images and logos (Coca-Cola logo)
• Taglines or slogans (e.g., “Just Do It”)
• Packaging or product shape (e.g., Coca-Cola bottle)

Avoid abuse of a virtually identical or the same mark which will create confusion among the customers. Trademarks put a company in a situation where it can predict its identity to enable the customer to have earlier knowledge on where the good or service is coming from.

Key Features of Trademarks:

1. Permanence: Trademarks are once use and non-editable and can be protected against copycat.
2. Field of Protection: Extends protection to distinctive signs, symbols, or motifs used on the effort for identifying goods or services.
3. Special Rights: Grant exclusive right to use the trademark in favour of the goods or services on which trademark is registered.
4. Suggested Registration: Although the government department issuance by the releasing government department’s official registration of the trademark has legal protection conferred by trademarks with usage, it is safer than legal protection.

Key Differences between Copyright and Trademark

Even though both trademark and copyright are intellectual property rights, they are different in some respects. Let us find out about the key differences between them:

1. Form of Protection

• Copyright: It protects original work of authorship on literature, art, music, and other creative works. It attempts to maintain the way an idea is expressed and not the idea itself.
• Trademark: It seeks to protect distinctive marks, i.e., logos, names, or slogans that are utilized for indication of origin of goods or services in business. It is most concerned about protecting the reputation of a company.

2. Purpose

• Copyright: Its sole objective is to safeguard the intellectual work of authors’, artists’, and other creators. They are able to retain ownership of the utilization of their work and are able to be paid in terms of money for the job they perform.
• Trademark: It basically safeguards companies against people’s misuse of equally misleading marks. It allows people to know from where a product or service originates and stops businesses from losing face.

3. What is covered?

• Copyright: Covers tangible forms of creative ideas, i.e., literature, paintings, computer programs, films, and music. Does not cover ideas or concepts.
• Trademark: Covers marks which are words, symbols, logos, designs, or others used to identify and distinguish the source of commodities or services. Does not cover the product but the trademark that identifies it.

4. Duration of Protection

• Copyright: Copyright is temporary, typically the author’s lifetime plus 70 years (in most countries). Once time has elapsed, the work becomes public domain and can be used freely by all without the need for permission.
• Trademark: A trademark is never forever protected; however, if the mark is being used continuously in commercial transactions and defended fiercely, it will remain protected. The trademark will have to be renewed periodically, though, and can be cancelled if not in use or in generic use.

5. Registration Process

• Copyright: The copyrights automatically as soon as they are created and manifested into physical substance. It does not require registration, but it also possesses other legal benefits and evidence where there is a case of litigation.
• Trademark: While trademark rights can be obtained by obtaining use in trade, registering with the relevant government bureau (like United States Patent and Trademark Office) is preferable and easier to assert trademark rights.

6. Enforcement

• Copyright: The copyright owners can enforce their rights by way of cease-and-desist letter, by action, or by recovering statutory damages and attorneys’ fees for infringement.
• Trademark: Trademark owners safeguard their rights by keeping acts of prevention and prevention of acts of infringement which lead to confusion in the marketplace and in general by suing or by issuing cease-and-desist letter.

Examples to Explain the Differences

Copyright Example

If you write a novel, your work in your novel is copyrighted after you have completed it. You even have rights to recruit a person for recruiting on behalf of identifying the person who distributes, makes copies of, or alters your novel. Copyrighting never protects the whole ideas or concepts of the book.

Trademark Example

If you started a new line of sport wear and you had a unique logo, your company registered your logo as a trademark. It is done to determine your company and prevent other individuals from being allowed to use the same logo in some shape or capacity whereby other individuals would be able to recognize it as your logo utilized.

Conclusion

In general, trademark and copyright vary on the basis of type of protection, use, and duration of protection. Copyrights provide protection to original work of authorship in a way that the authors of work of authorship have exclusive right in work of authorship for a limited number of years. Trademark protects brand identifiers such as logos, names, and slogans, and protection can remain as long as the trademark itself.

Awareness of these differences is gold to any intellectual property owner, entrepreneur, artist, or businessman. Both trademark and copyright are precious the ado to business and creative property rights but play different roles in intellectual property.

FAQs

1.) What is the main difference between copyright and trademark?

Copyright gives protection to original literary work, musical work, or photographs, whereas trademark provides protection to names, signs, and symbols employed as indicators of the sources of goods or services.

2.) Can a work be both copyrighted and trademarked?

Primarily, the answer is yes, it could be possible that a work can be both trademarked and copyrighted. For example, a symbol is trademarked but the work used in logo designing is copyrighted.

3.) How long does copyright protection last?

The copyright protection lasts as long as the life of the author plus 70 years (in most states) and the work is in the public domain.

4.) How long does trademark protection last?

Trademark protection lifetime, so long as it is used continuously and renewed periodically.

5.) Do I need to register my copyright or trademark?

For trademark, it is effective in court but not necessary to register. It needs to be registered as it is more secure and more easily enforced.