This article has been written by Amanpreet Singh,BA LL.B 2ND Year,Fairfield Institute of Management and Technology during his internship
Keywords: Entrepreneurs, Intellectual property, Business owner
Abstract
The owners of businesses frequently overlook the protection of intellectual property. Very few entrepreneurs or owners of new businesses are aware of how crucial it is to protect their intellectual property in the long run. Therefore, understanding the ideas of trademarks, copyright, and patents is crucial for any business owner, startup business owner, creative individual, or innovator.
INTRODUCTION
In this article,we’ ll clarify the differences between trademark and copyright based on a no. Of factors, including benefits and drawbacks and governmental regulations. We frequently misunderstand these two concepts.
Trademark
A trademark is a sign or a symbol that a businessman uses to set his products and services apart from those of rival companies. In the current market, numerous entrepreneurs frequently employ it.A trademark may be owned by an individual, company, or other legal entity. Many companies use their trademark on the product packaging or the actual product itself. It offers you defence against unauthorised use of your product’s trademark or mark. Anyone who uses someone else’s trademark may be subject to legal action by the trademark owner.
Copyright
In the eyes of the law, copyright is a legal right that grants the person who originally created the work the sole right to use it. Anyone who has a copyright is required to use it ethically and in accordance with the copyright law. The copyright belongs to those who are artistic or who produce original works. This is used by poets, novelists, and painters in their work.
Difference between trademark and copyright under various heads legislation
• Copyrights are protected by the Indian Copyright Act, 1957 and;
• Trademarks are protected by the Trademarks Act, 1999.
Type of Process
•Receiving the copyright is a part of the administrative process.
•Receiving a trademark involves a more combative process
Importance
•Copyrights are used to stop people from using your work without getting permission from you.
•The purpose of trademarks is to set your mark, brand, or emblem apart from others’.
Area of Application
•Worldwide application of copyrights is possible. It is used with both literary and artistic works.
•In terms of application, trademarks are restricted to particular fields. Typically, it refers to products and services. Based on international or domestic usage, the area of limitation may be widened or shrunk.
Concerned Person
•Musicians, artists, graphic designers, novelists, and other creators process copyright filings to safeguard their original and distinctive works.
•An individual or business files a trademark to safeguard their logos or symbols for a variety of goods and services.
Protection
Copyright automatically prevents copying, and trademark protection prevents confusion and dilution. Distinctive marks automatically receive protection.
Time Period
Copyright: For all works created after January 1, 1978, the copyright will continue to apply for around 70 years after the original work’s creator’s passing.
Trademark: You can obtain a trademark for any length of time, but you must renew it on a regular basis.
In comparison to copyright applications, trademark applications have higher fees.
Note
Certain documentation and a fee must be filed in order to renew the trademark. If each of these is delivered on time, the trademark will be renewed.
A trademark may expire if necessary paperwork and payments are not submitted on time.
Since copyright does not protect logos, titles, or slogans, one may choose to register a trademark instead.
Situation
An artist owns the copyright to an artwork he creates. In addition, if a firm employee sees the painting and decides to utilise it as the organization’s emblem. Then you can file a logo registration for that painting. If you choose, you can apply for both copyright and trademark protection for the same painting.
Registration Of Trademark Vs Copyright
One must register their good or service under one of the Act’s 45 trademark classifications when registering a trademark.
The 45 trademark classes are divided into 34 for products and 11 for services. Such classes are those used for clothing (class 25) and computer software (class 9), respectively.
Five steps are typically included in trademark registration.
The next step is submitting a trademark application with the Trademark Registry of India once they have found a suitable mark that is not already on the registry.
Following a conditional or unconditional approval from the examiner that might take twelve to eighteen months to grant, three to four months are allotted for accepting any complaints by publicising them, and eventually the business is issued a certificate of registration.
After the required time has passed, the company must renew the trademark.
While a trademark registration is completely distinct from a copyright registration.
As we previously explained, registering a copyright is not required, but doing so has benefits, such as stronger legal standing and protection.
There are four simple steps involved in registering copyright for a work: first, the owner or authorised person must submit an application; second, the authorities must review the application and receive any objections; third, if no discrepancies are discovered and no objections are raised, the Registrar of Copyrights will register the copyright in the “register of copyrights,” and a certificate of registration will be issued.
Conclusion
In conclusion, we can say that the primary distinction between a copyright and a trademark is that a copyright is used to safeguard the originality of artistic and other forms of creation, such as literature, music, ideas, and so forth, for the benefit of the creator, whereas a trademark is used to set a business apart from its competitors and to safeguard its identity and exclusivity.
Both copyright and trademarks can be used to safeguard intellectual property rights, but they do so for quite different kinds of property, are governed by very distinct Acts, and each has its own registration process.
We can conclude from our observation that trademarks and trademark registration are significantly more complicated than copyrights because they have a requirement for registration, involve a variety of registration classes, require the identification of a distinctive trademark that is not already being used by another party, take longer to examine, receive objections for, and issue a certificate for, and have a shorter period of validity before periodic renewal of registration.
