What is the Difference Between Copyright and Trademark?

Copyright keeps creative works like stories and songs safe, letting creators decide how they are used. Trademark stops people from using the same brand names or logos, keeping brands unique.

Table of Contents

• Difference Between Copyright and Trademark
• What is a Trademark?
• Features of a Trademark
• What is a Copyright?
• Features of a Copyright

Difference Between Copyright and Trademark

Copyright protects original creative works, ensuring creators control their use and distribution. Trademark safeguards brand identities, like logos and names, preventing others from using similar marks that could confuse consumers. The following table highlights other parameters based on which copyright and trademark differs:

What is a Trademark?

A trademark legally protects all aspects of your brand that are unique and specific to the company. Trademarks may be placed on phrases such as company slogans, logos, design layout, logo or a combination of features that identify your brand. In short, a trademark can be placed on any aspect of your brand that you need to protect in order to secure your brand identity.

Features of a Trademark

Here are some key features of a trademark:

• A trademark is unique and distinguishable from other trademarks in the marketplace. This allows consumers to identify and differentiate goods or services associated with the trademark.
• Trademarks are intellectual property assets. They are legally protected. By registering a trademark, the owner gets exclusive rights which prevent others from using or creating something seller. This ensures that your brand is unique from competitors and prevents confusion among consumers.
• Trademarks are valued as intangible assets for businesses. They appreciate over time as the brand reputation increases. Trademarks can be bought, sold, licensed and used as collateral.
• These contribute to brand recognition and brand building. They build a lasting impression in the consumers’ minds and establish a connection between the mark and the quality or attributes associated with the brand.
• Trademarks act as indicators of the original source of goods or services. Through trademarks, consumers can identify a brand as they associate specific products or services with a specific brand or company.
• The owner will get exclusive rights through trademark registration. They can rightfully use the mark for their goods or services. Other people will not be able to use this mark.
• Trademarks can be indefinitely renewed as long as they are actively used and maintained as per the requirements of jurisdiction where they are registered.

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What is a Copyright?

A copyright is a law that protects creative work. It gives the creator control over their work's use. This means others can't copy or share it without permission. It covers books, music, art, and more. Copyright lasts for a certain time, then the work becomes public. This helps creators earn from their work. It's a way to encourage more creativity.

Features of a Copyright

The following are the features of copyright:

• Copyright law safeguards original works such as stories, songs, art, and computer programs. It ensures these creations belong to the person who made them.
• Protection through copyright extends to books, music, paintings, and software. If someone created it, copyright protects it.
• The creator has the power to decide how their work is used. They allow or deny others the use, sharing, or modification of their work.
• Creators have the option to permit others to use their work under specific conditions or to sell the rights to someone else, usually in exchange for money.
• It is illegal for anyone to copy, share, or distribute the work without approval. This ensures creators are compensated for their work.
• Copyright extends through the creator's lifetime and 50 to 70 years beyond death. This allows the creator's family to also benefit from the work.
• Copyright protection begins the moment the work is created. While registering can offer advantages in legal situations, it's not necessary for copyright to exist.
• Once copyright expires, the work becomes public domain, meaning anyone can use it without needing permission.
• Unauthorized use of copyrighted material results in penalties, which may include fines or imprisonment, depending on the severity of the violation.