The decision to trademark or copyright a name depends on what you’re trying to protect.
Trademark vs. Copyright
Trademarks apply to business names, products, logos, and services. Copyrights apply to literary works, music pieces, TV shows, and other content.
Copyrights protect all original pieces of work, such as music or literature. Trademarks are a word, phrase, symbol, or design that indicates the source of goods and distinguishes them from others.
Copyright is the rights of the creator or the rightful owner of his intellectual property, which prevents others from publishing or copying the original piece of work. A trademark recognizes the brand identity and separates a product or service from those of the competitors.
In India, Copyright is governed by the Copyright Act, 1957. Trademark is governed by the Trademark Act, 1999. The subject matter of copyright is an artistic and literary creation. That of a trademark is goods and services.
Copyright is issued for a lifetime to the rightful owner, plus an extra 60 years. A trademark is granted by regulatory bodies in response to formal applications.
Trademarks cover separate words and sentences. Copyright covers long texts. A logo can be protected by copyright and trademark at the same time!
Choosing Between Copyright and Trademark
Copyright covers expression of ideas. Trademarks cover specific brand usages. Copyright protects long texts like books. Trademarks protect short phrases and logos. Logos can have both copyright and trademark protection.
Copyright and trademark constitute intellectual property. They protect different assets in different ways. Copyright determines rights over original works like designs and content. Trademarks indicate business brand identity.
To properly protect your business or works, decide whether trademark or copyright is the right option. Learn the key differences between the two types of protection.
Copyright and Trademark Symbols
Many use the TM symbol despite having a registered trademark. It looks better with some marks. The meaning of the R symbol is less known. The C symbol indicates copyright.
Copyright protects expression of ideas, not the ideas themselves. Trademarks cover specific brand usages. Copyrights apply to long texts; trademarks to short phrases and logos. To protect your business or creative works, know whether trademark or copyright applies. They protect different assets differently. Copyright protects original works. Trademarks indicate brand identity.