Can you trademark something copyrighted?

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Intellectual Property rights may be difficult to understand. But learning it can save you from fighting a court case to protect your legal rights. Also, you can enjoy the fruits of your creative work calmly. Now let's go through the difference between both to learn can you trademark something copyrighted.

Copyright and Trademark Registration online are the most commonly confused rights to intellectual property. Therefore, you need to understand the difference when creating something unique for setting them into the business stream.



Difference between Trademark and Copyright

The primary difference between them is Copyrights protect imaginative or intellectual works. On the other hand, Trademarks protects commercial names, phrases, and logos. Before learning can you trademark something copyrighted, we need to know more realistic difference between them.

Symbols of Trademark and Copyright

The ™ symbol indicates that a trademark that is not registered yet.

The ® symbol indicates that a trademark is registered in the Trademarks Journal. Therefore, no one else can use it other than the owner of the brand name.

A symbol © indicates that this is a copyrighted work. Moreover, you can use the © symbol without legally registering it. However, it does not guarantee legal protection.

Copyright

Firstly, it preserves individuals’ rights who create literary, dramatic, musical, artistic and other intellectual works (like history and software code).

It is the right to copy. In other words, only the original producers and anyone they permit have the sole right to replicate the work.

For example, the Lyrics of the song “Let It Go” from "Frozen" are copyright under the name of Walt Disney.

It protects your right to create, share, present or publicise the work. Most importantly, it limits others from copying or using your work without permission.

Trademark

Trademark preserves the rights over the name of the company, product names, brand identity and slogans.

The Controller General of Patents, Designs & Trade Marks is the head of the Trademarks Registry in India. Moreover, only they have the authority to give you the rights on your trademark under the Trademarks Act,1999.

For Example, Coca-Cola Corp owns the brand name COCA-COLA, the bottle shape logo and even the Coca-Cola font.

Registering a trademark limits the permission for others to use it. Moreover, it prevents others from using a similar mark to yours with related goods or services. 

Validity Of Trademark and Copyright

Trademark registration is valid for 10 years. Therefore, it needs renewal every 10 years. 

However, copyright in a logo is for a lifetime and would remain till 60 years after the owner's death in India.

Conclusion

In conclusion, copyright and trademark are two different things for different purposes. However, they have a similar mission that is to protect the artistic work of someone. So, if you are still wondering if can you trademark something copyrighted, here is your answer.

Therefore, if your logo, symbol or word involves any artistic work, then it has to be first certified by the Trademark Authority that no similar trademark is already registered. After that, it can go for copyright registration. Similarly, if the appealed trademark is in any copyright conflict, then it cannot be registered.

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