Trademark Vs Copyright In India | Difference Between Copyright And Trademark

Published on 01 Mar 2020 by Shivi

Intellectual property is a tricky term and comprises different kinds of protections that an artist or original creator can obtain. Two of the most commonly applied for and confused IPRs in India are Copyright and Trademark. This guide simplifies the concept of Trademark and Copyright and answers the difference between Trademark vs Copyright.

What Is A Copyright?

A Copyright is an Intellectual property which can be obtained by the original creator of any literary, musical, dramatic and artistic works and the producers of cinematograph films and the sound recordings. 

Copyright is mostly used by creators such as writers, artists, dramatists, designers, musicians, architects and the producers of sound recordings, cinematograph films and computer software. Copyright registration in India protects works like music, song, lyrics, photographs, choreography, books, manuals, audios, videos, movies, essay, architectural design, computer programme,

Meaning Of Trademark

A Trademark is an Intellectual property obtained for any word, symbol, slogan, phrase, image, etc. used by any business to help people distinguish its goods or services from that of the other similar goods or services. A Trademark registration application must be filed to register a Trademark to protect the brand’s name and prevent any third party from using it without authorisation or license.

Laws Relating To Trademark And Copyright

Copyright registration and other provisions are laid down under the Indian Copyright Act, 1957, and Trademarks are protected as per the provisions of the Trademarks Act, 1999.

Registration Application

In the case of Copyright registration, the application to obtain Copyright protection is filed with the Copyright Office, Department of Higher Education, and Ministry of Human Resource Development. A Copyright registration application is filed along with copies of the work, after which a diary number is issued to the applicant. 

The Copyright registration application is kept open for the public to raise any objections for a period of 30 days. If no objection is received against the application, the Copyright Registrar registers the work. If any objections are raised, a reply can be sent to the Registrar. The Registrar can grant the Copyright or reject the application on the basis of reply to Copyright objection.

In the case of Trademark registration in India, the application to obtain a Trademark is filed with the Controller General of Patents, Designs and Trademarks, Ministry of Commerce and Industry. The submitted mark is examined by the Registrar and the owner can start using the Trademark immediately once the Trademark registration application is filed. 

The Trademark application is examined and upon approval, it is kept open to objections from the public. If no objections are received, the Trademark Registrar publishes it in the Trademarks Journal and the Trademark registration process is deemed to be completed.

ALSO READ: Different Types Of Trademark In India | Kinds Of Trademark

Validity

The validity of the Copyright Registration is 60 years. In case of an original literary, dramatic, artistic and musical work, the 60-year time period begins from the year following the death of the author, and therefore the validity is counted as author’s lifetime plus 60 years. 

In the case of cinematograph films, photographs, sound recordings, posthumous publications, anonymous and pseudonymous publications, the works of government and the works of international organisations, the 60-year period is counted from the date of the publication.

Trademark registration is valid for a period of 10 years from the date of application. 

Renewal

The validity of a Trademark can be extended at the end of 10 years by filing a Trademark renewal application. No renewal is allowed in case of Copyright Registration in India.

Registration Symbol

In case of Trademark registration, the ® symbol is used mandatorily once the Trademark is granted by the Trademark Registrar. In the case of Copyright protection in India, the © symbol is used with the work.

Legistify connects you with IPR experts in India who can assist you with understanding the correct IPR for your property and help you with Copyright and Trademark registration online. Call us at 846-883-3013 or send us an email at [email protected]


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