Trademark Vs Copyright – How Both Works In Business?
Let’s talk about trademark vs copyright.
Since I travel a lot, I often buy water bottles on the train. During some of my journeys, I have come across so many imitations of the water bottles I usually buy. Many of the local brands often imitate the logos of the famous brand that usually sell a lot in the market.
This act violates the Trademark Act; and it confuses many customers when they are looking for a product in the market. Sometimes they mistakenly pick one product for the other. But is it the same as a copyright violation? Wait, what is the difference between a trademark and a copyright?
In this article, I have offered a complete and clear idea about copyright and trademark. So, go through this article if you want to have a clear idea of that.
What Is A Trademark?
The competitive market has many product alternatives for different types of products in demand. Trademarks help separate each of these products and their business to avoid complications. Trademarks are protectors of the words and the design elements that connect back to the source of a material or a product.
In simple words, trademarks usually protect the logo, visual symbols, that a business uses to sell its products while standing apart from the competition. They are registered to protect the names of the brands, business names, slogans, etc. Applicants have to file a trademark application with the register of the trademark.
Trademarks help both businesses and customers. They enable companies to establish authority and authenticity in their logos and slogans. For customers, trademarks reduce confusion between similar products offered by different businesses. A crucial step in this protection process is filing trademark application, which legally registers the trademark and solidifies these rights. By doing so, businesses ensure their unique identity is safeguarded under trademark law, preventing unauthorized misuse by other entities.
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Properties That A Trademark Protects
Trademarks protect some intellectual properties related to specific businesses. It covers some words, symbols, phrases, or designs that particularly belong to a specific brand. Here are some examples of what a trademark protects –
- Brand names
- Logos
- Slogans
- Business names
I am sure you have seen the advertisement from the Austrian-based company Red Bull. Their advertisement slogan, “Gives you wings,” has been filed for a trademark in the virtual world.
The logo of Starbucks Coffee also has a trademark on it. Similarly, Nike shoes and McDonald’s have trademarks on them as well.
When a product or service is trademarked, the business will be able to display ⟨™⟩ or the Ⓡ based on the progress or completion of the trademark. The trademark symbols also help understand the difference known as trademark vs copyright.
What Is Copyright?
Copyrights are the protectors of intellectual properties that originally belonged to a specific creator. With the copyright in effect for a particular intellectual property, the creators have the sole right to own, share, display, perform, or license their original materials.
Simply put, creators of any intellectual property, like a song, poetry, story, painting, or movie, have the right to own, share, distribute, and protect it. Copyrights allow creative professionals like artists, writers, dramatists, designers, architects, designers, and musicians to protect their creativity.
When an intellectual property of this sort is copyrighted, the creator holds the sole ownership to reproduce, share or make money from it. Using these properties to make a profit without the copyright holder’s permission is called the infringement of copyright or copyright violation.
The federal statute of the US governs copyright law. It is called the Copyright Act of 1976. This act prevents unauthorized copying, reproduction, or use of any copyrighted content.
Properties That A Copyright Protects
Copyright, the protectors of intellectual properties and their originality, usually protect properties such as –
- Poetry
- Novels
- Art
- Songs
- Research
- Different forms of original writing
- Movies
- Different types of audio & video materials
- Computer software
- Architecture
After gaining copyright on their original creations, the creators will be able to use the © Symbol beside their creation. The use of copyright symbols also helps differentiate between trademark and copyright.
Trademark Vs Copyright: Difference Between Trademark & Copyright
Here are the differences between trademark and copyright –
Trademark Vs Copyright
| Particulars | Trademark | Copyright |
|---|---|---|
| Governing Act | The US trademark act was approved on July 3, 1946. | Copyright Act was first enacted on October 19, 1976. |
| What Does it Protect | Trademarks usually protect logos, words, phrases, or symbols that identify the goods or services distinguishably provided by a company. | It protects intellectual properties such as artistic, literary, or other similar properties. Examples include movies, songs, poems, photographs, etc. |
| Who Can Apply | A business or an individual can apply for a trademark registration of their logos, symbols, or goods and services. | A musician, an author, or a cinematographer can get their intellectual properties copyrighted. |
| Coverage | The trademark allows customers to identify the brand of a service or a product through their copyrighted logos or slogans. | It is used for the original literary, artistic, or intellectual creations. |
| Recognition | Trademarks help businesses distinguish themselves as a specific and unique brand in the market. | Creators have the exclusive right to utilize or distribute their works under the copyright act. It is one of the main aspects that create the difference we phrase as trademark vs copyright. |
| Validity | Trademark registration has been valid for ten years since the application was put forward. | The copyright to any intellectual property remains valid for the whole lifetime of the creator. It also remains in effect for 60 years after the creator’s death. |
| Symbolic representation | When the trademark application is in progress, a business can use the symbol ⟨™⟩ for their products or services. However, once trademarked, they can use the Ⓡ | Once a creator obtains the copyright to their original creation, they can use the © Symbol. |
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Bottom Line
If we summarize all that I have discussed in this article, the trademark vs copyright difference usually means – copyrights are the protectors of intellectual properties related to artistic, intellectual, and original creations. On the other hand, trademarks allow businesses to protect their brand image and stop misuses from happening. They can also help consumers avoid getting confused by similarly-looking products in the product.
I hope that you have found the information you were looking for. However, if you need us to address more of your queries, please let us know through the comment section below.
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Shahnawaz Alam
Shahnawaz is a passionate and professional Content writer. He loves to read, write, draw and share his knowledge in different niches like Technology, Cryptocurrency, Travel,Social Media, Social Media Marketing, and Healthcare.
