Trademark vs Copyright

Trademark Vs Copyright
Swarit Advisors
| Updated: Oct 06, 2017 | Category: Business

Intellectual property Trademark Vs Copyright refers to the creation of minds such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.

Intellectual Property rights are granted to the inventors; creators; or the authors of their invention or creation.

Artistic works like; music, literature, discoveries, words, phrases etc. are also covered under intellectual property and protected under intellectual property right.

Trademark Vs Copyright

Trademark

Trademark is distinct/unique visual symbols, which may be a signature, symbol, label, slogan, numerals, device or combination of colors used by an enterprise on its products, services or other articles of commercial use, to distinguish itself from other similar products of the different enterprise.

Who can apply for Trademark?

Any person who claims to be a proprietor of a trademark used or proposed to be used by him can file an application in the prescribed form with prescribed fee for trademark registration. The application shall contain the mark being used or proposed to be used by the applicant, goods/services, name & address of applicant or agent(if any) with a power of attorney, the period of use of the mark.

The application can be filed either directly on a desk or can be sent by post. It can also be filed online through efiling gateway available on official website.

Benefits of trademark

  • Registering a trademark provides benefits of exclusiveness.
  • It protects the trademark from infringement.
  • It defers public from using the trademark and allows an owner to sue an infringer if the case calls for it.
  • You can issue a license for people to use your registered trademark
  • It enhances the right of the owner by advertising and giving public notice of his ownership of the mark
  • The Registered trademark can use the symbol with the mark.
  • Trademark registration is valid for the unlimited period, subject to renewal after every 10 years.

Copyright

Copyright is a bundle of rights given by law to a creator of artistic, literary, musical and dramatic work, and the producers of sound recording & cinematographic films. Right given under Copyright law provides the right to reproduce the work, communicate the work to the public, adopt the work & translate the work. It also protects ideas and concepts. It is used to protect creativity. Duration of protection provided under copyright varies from work to work, depending upon the nature of the work being protected.

Ownership of copyright

The author of the work is considered to be the first owner of a copyright. However, if the work is done under the employment of someone, in absence of any contract, the employer is considered to be the owner of the copyright.

There is also a concept of joint ownership as well if the work is produced in collaboration with two or more authors and the contribution of one author is not distinct from the contribution of other.

Who can apply for Copyright Registration?

Any person who is the author or creator of the work can file an application for copyright registration. Assignee, authorized representative or legal heir of the author can also file the application for registration of copyright.

Application for registration can be filed either in the copyright office or can be sent by post. The application can be filed online as well by logging on to the website of copyright.

Benefits of Copyright Registration

  • It provides an exclusive right to the owner of the copyright to use it.
  • It establishes a public record of the ownership of the copyright holder.
  • It protects the work of copyright’s owner from misuse and also enables him to sue in case of any misuse
  • It allows the copyright owner to record the registration with Indian Customs in order help in protection against the importation of infringing copies into India.
  • It provides protection of copyright, which enables an author to be rewarded for their originality and venture.
  • The author can use, reuse and reproduce the copies of his work and can sell the copies as well that is copyrighted.
  • The owner can openly exhibit his work with copyright protection.

Difference between Trademark Vs copyright

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