Copyright and trademark are both sorts of property rights that help provide their creator rights over the employment of her/his creation for a limited period of your time. Businesspersons who are looking to register a material possession must know the differences between the 2 and then obtain the proper registrations to guard it. during this article, we shall have a look at the differences between copyright and trademark in India.
What is a Copyright?
Copyright could be a right given to the creators of literary, musical, dramatic, and artistic works and therefore the producers of cinematograph films and therefore sound recordings. Names or brands, slogans, brief word combinations, short phrases, plots, methodologies, or factual information are not protected by copyright. Copyright also doesn’t protect ideas or concepts. Hence, copyright is generally accustomed to protect the creativity of individuals like writers, artists, dramatists, designers, musicians, architects, and therefore the producers of sound recordings, cinematograph films, and also computer software.
What is a Trademark?
A trademark could be a word or a visible symbol being employed by any business to assist people to distinguish its goods or services from that of the opposite similar goods or services which can be originating from a special business gets protected. A trademark application must be filed to register a trademark by the applicant with the relevant Trademark Registrar within the format that has been prescribed. Trademarks are generally wont to protect the brand names, business names, slogans, and far more.
Difference between Copyright and Trademark
Both Copyright and Trademark have different and distinct uses. Their validity and therefore the requirement for registration also vary as follows:
Copyright:
Copyright is mostly wont to secure literary, musical, dramatic, and also artistic works including cinematograph films and therefore sound recordings. Software or a program or tables and databases can all be registered as a ‘literary work’ under Copyright Act. A copyright may be a right within the eyes of the law which supplies a privilege to a private who originally creates the work. a person with a copyright must use it in a judicious way as per the provisions of the copyright law. The folks that are creative or who write an inventive piece of labor receive copyright. Writers, poets, and painters protect their original pieces of labor with copyright. Nevertheless, to get the copyright for software, the ASCII text file for the software must be submitted to the Copyright Office together with the appliance.
Trademark:
Trademarks are generally employed by individuals, and commercial and non-commercial bodies to guard brand names, business names, slogans, and more. an idea or a plan or software can’t be trademarked. But, a singular name is given to an idea or software or is often trademarked. lots of companies use their trademark on the packaging of their products or on the merchandise itself. This provides them with protection against their goods, brand, or mark from people using them. The one who owns the trademark can pursue a legal proceeding against any individual for using his trademark.
Registrar
Copyright:
The review and acceptance of a Copyright application are controlled by the Copyright Office, Department of upper Education, and Ministry of Human Resource Development.
Trademark: The review and also acceptance of a trademark application is controlled by the Controller General of Patents, Designs, and Trademarks, Ministry of Commerce and Industry.
Validity
Copyright:
Copyright is often granted for 60 years. The 60-year period begins the year following the author’s death in the case of clever literary, theatrical, artistic, and musical works. The 60-year period begins on the date of publication for cinematograph films, pictures, sound recordings, posthumous publications, anonymous and pseudonymous publications, works of state, and thus works of international organizations.
Trademark registrations are valid for ten years from the date of filing. This validity may be extended at the top of 10 years by filing a trademark renewal application.
Frequently Asked Questions
1. Do I copyright or trademark a logo?
A trademark is supposed to safeguard a word, phrase, symbol, or design (or could also be a mixture of all these), that classifies and distinguishes the products or services of 1 individual or company from those of others. Few things, like a fancy logo, could also be eligible for both trademark and copyright protection.
2. What’s the difference between a logo and a trademark?
Trademarks include company names, slogans, logos, and styles that are accustomed to identifying and distinguishing a company’s goods within the business trade. The physical mark is also a word, a sign, a symbol, or a design that helps to spot the trademark owner.
3. What’s the difference between copyright and trademark under the legislation?
The Indian Copyright Act, 1957 protects copyright, whereas the Trademarks Act, 1999 protects trademarks.
4. What’s the importance of copyright and trademark?
Copyright is employed to stop others from using your creation without consent. A trademark is issued to assist distinguish and differentiating your brand, mark, or logo from others.
5. What are the realm where copyright and trademark are applicable?
Copyright is applicable everywhere on the planet. it’s applied to artistic and literary creations. A trademark is proscribed to only a particular area in its application. Typically, it’s applied to goods and services. the realm of limitation is also increased or decreased on the idea of the international or national usage.
6. Are copyrights and trademarks generally availed by identical reasonably professions?
For the protection of their original and unique work, singers, painters, writers, graphic designers, and others file copyright applications. Trademark registration is used to protect a person’s or company’s logos or emblems for a variety of goods and services.
7. What sorts of protection do copyright and trademark offer?
A copyright protects against copying and is automatic. A trademark protects against confusion and dilution. The protection is automatic for distinct marks.
8. Can a website be copyrighted?
The original composition that appears on a website is also protected by copyright. This includes the writings, photos, artwork, and other types of content protected by copyright. The procedures for registering contents of an internet site are often found in Circular 66, Copyright Registration for Online Works.
9. Can one copyright a website name?
Copyright laws don’t touch domain names. the web Corporation for Assigned Names and Numbers (ICANN) could be a non-profit organization that has the responsibility for the name system management, administers assigning of domain names through the accredited registers.
10. How am I able to protect my recipe?
An ordinary listing of the ingredients might not be protected under copyright law. Nonetheless, a recipe or formula is often amid a major literary expression within the style of proof or direction. a set of recipes during a cookbook could also be a substance for copyright protection. In case, there are some secret ingredients to a recipe that one doesn’t wish to reveal, then, the recipe shouldn’t be submitted for registration because the applications and therefore the deposit copies are public records.
11. Is it possible to copyright a band’s name?
No, the names don’t seem to be protected by copyright law. Some names may be protected under trademark law.
12. How am I able to protect my idea?
A copyright doesn’t protect concepts, ideas, systems, or the methods of doing something. One may express his/her idea in writing or a drawing so claim copyright for description, but one should remember that the copyright won’t protect the concept itself as revealed within the written or artistic work.
13. Does a piece should be published to be protected?
The publication isn’t essential for copyright protection.
