differences between a trademark and a copyright.

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10 months ago ID #15065

Description

The difference between a trademark and a copyright:

A trademark and a copyright both are forms of intellectual property, but they differ in what they protect and how they are obtained.

Trademark:

  • Trademarks Act, of 1999, governs Trademark
  • A trademark is a type of intellectual property that protects names and other marks associated with a particular product or company. it can be a wordmark, logo, combination of letters and numerals, shape of goods, packaging, or combination of colors, or any combination, which identifies products or services of a particular source from others.
  • Trademarks are used to protect the unique identity and reputation of a brand or company, and help consumers identify and differentiate between goods or services offered by different companies.
  • Trademarks are registered in any one of the five Trademark offices situated at Kolkata, Delhi, Mumbai, Chennai, and Ahmedabad having jurisdiction over the State. 
  • Trademarks are renewable, as long as they are being used and maintained properly, all registered trademarks are valid for a period of 10 years from the date of application. After the expiry of 10 years, a trademark has to be renewed for another 10 years by paying the prescribed government fees.
  • When Trademark registration is in progress the term TM is used. After registration, the symbol ® is used.

Copyright:

  • Copyright Act, of 1957 governs Copyright.
  • Copyright is a type of intellectual property that protect original works of authorship, an author of a work, i.e. a book author, music composer, artist, photographer, producer, or software developer, can apply for copyright registration to protect their original and unique work.
  • The Copyright Office is the registering authority.(new delhi)
  • Any work published within the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies.
  • Copyright help recognize the original nature or aspect of the work the author has created.
  • When copyright registration is obtained, the symbol © is used.

Just to summarize, trademarks protect brand names, logos, and other distinctive marks used to identify goods or services in the marketplace, while copyrights protect original works of authorship such as books, music, and art. 

Trademarks require registration and copyrights are automatically granted upon creation and protect the expression of original works.

 
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