Difference between Trademark and Copyright

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Are you also wondering about the difference between trademark and copyright?

 

Trademark

A trademark means a specific mark that is used for trade. In other words, when the two are combined, a distinctive mark of business is formed. A trademark is a distinguishing identity or logo that entrepreneurs use to differentiate their products from their competitors. The trademark itself is called the name of the brand and serves as the brand identity. 



 

How to apply

You can register for the trademark both online and offline. For trademark registration online, you can reach out expert companies. Also, you can apply through the official website of the Government of India.

Fill the application form and submit it to the Office of the Registrar of Trademark. After approval, you can use the symbol for your company or product. If Trademark Examiner finds any mistake in your application, it will raise your Trademark Objection.

 

Benefits of TM

·         Responding to Infringement Claims:

If your trademark is registered, you are protected from infringement claims that you may come across.

As your trademark is registered with the registry, you will have proper legal evidence to defend your trademark.

·         Price in the Market:

Trademark gives value to your products and services in the market. It becomes easy to see your company/brand in the market.

Register your trademark now to protect your brand.

·         Unique Identification:

A trademark helps to identify the uniqueness of your product or service to your consumers and your market and allows them to identify the products and services you provide.

 It creates an image in the market for your product/service. 

 Registering your trademark also ensures that you are the sole owner of that particular symbol, logo, name, among others, and cannot be misused by any other competitor.

·         Creation of Trust/Goodwill:

Serving the public with quality products or quality services under a registered trademark helps you build trust/loyalty with your consumers in the marketplace. A registered trademark also portrays that you care about your brand by enacting positive values ​​to the public.

·         Global Permit:

A trademark registration will also help you get exposure to the global market under the International Trademark System. NRIs and foreigners can also register a trademark in India and, Indian entities can register a trademark globally as well.

·         Safe Protection:

It provides legal protection to the owner and, once the trademark is registered, the owner has the power to sue any third party who tries to infringe the existing trademark. 

·         Creation of Intangible Asset 

Trademarks can be a valuable asset if your brand name is created and successful. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. That benefits the company or the individual owner. A trademark is an intellectual property for the organization.

 

TM registration fees

Government fees: 

  • 9000 per application for a company
  • 4500 per application for individuals

 

Validity of TM

Once the trademark registration process completes, the symbol can be applied and, the registration will be valid for ten years. Trademarks near expiration can regularly renew the registration process for another ten years by filing a trademark renewal application.

 

Copyright

Copyright is a form of intellectual property that grants the author of an original work exclusive rights concerning the work, including copyright for publication, distribution, etc., for a specified period. Intellectual property, including trade names, is described under the umbrella term of copyright.

 

Benefits of registering copyright

  •  The registered copyright protects the owner from monetary loss. 
  • Its advantage is that it prevents the loss of monetary instincts that result from pirated copies of the price work. 
  • It is the physical use of ideas, such as a design or written novel, that is covered under copyright law.
  • Copyright covers a wide range of intellectual, scientific, creative work consisting of poetry, song, music, video, dance, craft, software, and more specifically, the relevant authority or jurisdiction.
  • Copyright is given to the author as per law, as soon as he completes his work.
  • To protect your work and ideas, you need to register your work with the Copyright Office.
  • Copyright law infringing copies of entertainment files such as MP3 music files, VCD video files, and software are often shared by P2P software.
  • Acts such as the unauthorized uploading of copyright for others to download can attract civil or criminal sanctions. Unauthorized downloading involves the civil liability of copyright.

 

How to apply

Step 1: Filing the Application

Along with the requisite fee, an application has to submit in DD/IPO. Once this application files, a diary number is issued to the applicant.

Step 2: Exam

There is a minimum waiting period of 30 days to record and analyze any objections that may come up against the copyright application.

Step 3: Registration

As can be seen from the above steps, the registration depends only on the registrar. Once everything is cleared from the registrar's end, the applicant gets the copyright and can legally use all the rights that come with owning that copyright.

Copyright is a form of intellectual property law. It is registered to protect the original work such as music, art, literature, cinema/film, photography, or computer programs. There are in-depth categories that can be registered for copyright by creators. That will give exclusive and absolute rights to the creator of the work.

 

Copyright Registration fees:

Ranges from 500 to 5000 depending upon the work.

 

Validity of copyright 

Copyright is generally valid for sixty years. In the case of literature, music, and artistic works, the period of sixty years is counted, from the year after the death of the owner. 

Film Recordings, Photographs, Publications, Works of Government and Works of International Organization sixty years is counted from the date of publication. On the expiry of 60 years of copyright, the work shall be in the public domain and, no one can reproduce them without seeking permission.

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