Spotting the Difference between a Copyright and a Trademark

safeguarding your work

Intellectual property is the creation of the mind, for instance, Inventions, artistic creations, and literary works. Intellectual Property is an intricate term and many a time people use it in the wrong context. The difference between Trademark and Patent have to be entailed very clearly as people frequently have been heard saying “copyrighting an Idea” or “getting a trademark for a book”.

According to World Intellectual Property Organization or WIPO, “Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names, and images used in commerce”

Trademark and Copyright are used in the subject of Intellectual property. Although the creativity and ideas emerge or develop in human mind you cannot protect the initial idea. When the idea is worked upon and materializes itself, the end product or the final result is protected by Intellectual Property rights.

Trademark Explained:

A trademark is a stamp, word or a phrase that marks the distinction of the goods between the merchandise from different ventures. It is a sign that singles out each product provided by different companies.

When humans started forming cities and communities, artisans used to put up a mark or signature on their creations. Now after almost 5000 years, trademarks have been developed to identify the products and protect the businesses from illegal or unauthorized sellers.

Trademarks help consumers to identify the commodities from different businesses and it actually helps the customers to establish trust in the venture. Some examples of trademark include logos, names, and marks.

Doing a trademark registration makes sure that you have a proof of ownership of the product which is valid nationwide. It equips you with exclusive rights which can safeguard your venture from illegal infringements of your trademark.

 

Copyright Explained:

Copyright is a set of rights which you are equipped with after you register your original work. The rights range from reproducing the work, distributing copies, public display of the work, using your work to create another piece.

As an owner of the rights, you can transfer each right to different people or transfer all rights to one person. The transfer can be made by assigning or licensing. You can also choose the platform for displaying your work to the public.

Architects, Artists, dancers, and creative professionals can get copyrights for their pieces. As a substantial form of an idea can be copyrighted, therefore, sculptures, movies, lyrics, music, photos, choreography etcetera.

If you copyright a piece, it is literally valid for a lifetime i.e. it doesn’t have a time limit and anyone infringing on your copyright can be sued in the court of law.

Trademark vs. Copyright:

 

Trademark

Copyright

Rights provided

Right to use the trademark as well as the right to sue anyone in the court of law who uses the mark without your authorization.

Right to distribute, reproduce and public display of the work. Right to create derivative works as well.

The entity to be protected

Any mark, symbol, phrase or slogan that differentiates between the sources of goods of various ventures.

Original works like, articles, sculptures, motion pictures, music, lyrics, photos, books, journals.

 

Eligibility to get protection

A distinct and different mark which is capable of differentiating different goods.

It should be an original work of creativity.

 

Expiration date

If only it stays in commerce.

 

 

It is valid for an author’s lifetime along with additional 70 years.  

Authority of Issuance

Trademarks are approved and reviewed by General of Patents, Designs and Trademark under Ministry of Commerce and Industry

Copyright applications are approved and reviewed by the Registrar of Copyrights, Department of Industrial Policy and Promotion under Ministry of Commerce and Industry

 

Similar Articles

Why IT Will Be on the Hook for Bad Processes

There’s an unspoken rule in every office that the first person to voice an opinion about an unclaimed project will immediately be given responsibility to complete that project.

tax season

Accounting is an essential and most complicated part of every business. Bookkeeping must be accurate to get a solid grip on the business’s financial situation. The basic concept of bookkeeping is recording your day-to-day transactions efficiently that includes expenses, income, etc., as errors in bookkeeping can be the reason for penalties during tax season.

twitter

With over 200 billion mobile apps being downloaded every day across the globe, it makes sense to be where your customers are and developing an app for your company has great potential to significantly boost business…when its done right!

10 Best Tips to Improve Business Nationally

Let’s face the reality that it is very easy to start a business but to sustain in the market is very difficult. You need to face many problems, rejections and oppositions in the market to survive. Not every business can be a huge success in the beginning but you need to be focused on the goal you need to achieve.

Roku channels

Whether you are running a small business or you are having a big enterprise, every businessman wants to grow their company and generate more leads & revenue. To attain all these, they follow numerous strategies.

accounting

Accounts payable software is very useful for organizations in a number of ways. In fact, it is much more useful for organizations as part of a comprehensive procurement platform rather than a standalone application since it allows them to eliminate cumbersome manual data transfer, and ensure that AP tasks are completed in time.

5 Most Effective Money Saving Tips & Trick For Small Business Owners

Every expanded company was once a beginner - a small business. Although small businesses have a lot to take care of as they start the journey, observing and making a few amendments can bring a good fortune to the company. According to a reliable survey, 8 out of 10 companies fail within the period of first 18 to 36 months.

money coins cash currency

A lot of small business owners do not see the importance of keeping track of their expenses. No matter how small of a business you run, you cannot remember everything, so you need to keep track of it and collect all your receipts. Here is why.

GDPR

Everyone has been talking about the GDPR recently. What is it? Is it so dangerous for businesses that are situated in the EU? And what about those located outside the EU? The IO Technologies team is here to spread the light on this issue.