Trademarks Vs. Copyrights

Trademarks Vs. Copyrights

Intellectual Property Protection

Intellectual Property includes all kinds of works, processes, designs, logos, symbols etc. These are the intangible assets that are created and owned by a company. Regardless of the type of domain your company works in, it is likely that it regularly uses and creates some form of IP. To claim ownership and the right to use of these intangible assets, it is extremely essential to protect your IP. In this section, we will be discussing two of the many forms of Intellectual Property; Trademarks and Copyrights.

Daily Use

Every product that we see is a chain of human creativity and inventions. Trademarks and Copyrights, just like other forms of Intellectual Property are forms of intangible assets that we see and experience in our day-to-day lives. More often than not, there is some confusion with respect to what entails Trademark and what entails a Copyright. We will go ahead and break it down for you in this post.

Let’s take an example of a CD player in our cars. The company which sells the player has it’s name or logo Trademarked, and the music that plays in the player is Copyrighted.

What are Trademarks and Copyrights?

In simple words, a Trademark is basically a sign which may include a logo, font, colour, phrase etc., which helps you to distinguish your goods and services to that of the others. There are two main requirements to qualify a good trademark; it must be distinctive and not deceptive. While Copyright is an expression, which includes literary and artistic work of an author which helps to keep their work original. There is no requirement in Copyright for the work to be good or have artistic merits. The only requirement for Copyright is that the work should be original.

Difference between Trademarks and Copyrights

What’s protected?

Copyright – Original works of literary and artistic works like books, articles, songs, photographs, choreography, motion pictures, recordings and other works

Trademark – Any word, logo, symbol, phrase that identifies with the company and distinguishes it from others.

Requirements to be protected

Copyright – The work must be original, creative and fixed a type of medium like a recording or in writing form.

Trademark – The mark must be distinctive and should be capable of identifying the source of the product and it should not be deceptive.

Term of protection and rights granted

Copyright – Author’s life plus 70 years. The author has the right to reproduce, distribute, make derivatives and public performance of the work.

Trademark – The mark is protected for a term of 10 years, it can be further renewed for 10 years and so on till the mark is in commercial use. The owner of the mark has the right to use and prevent others from using their mark.

Conclusion

Trademark and Copyright are both important to protect your work and when understood properly, can be used in an effective way to protect brand identity and artistic works. Hence it is important to know the ways to protect your Intellectual Property to make the most of your work and have complete access and rights over them.

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