Copyright vs. Trademark

Key Differences

Copyright is the rights of the inventor or the rightful owner of his intellectual property, which prevents others from publishing or issue the original piece of work. Anything which recognizes the brand identity and separates a product or service from those of the competitors is known as the Trademark.

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The theme matter of copyright is an artistic and literary creation while that of a trademark is goods and services.

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Copyright covers any original creation. Conversely, the trademark covers anything which is used to recognize the brand name behind the product.

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Copyright averts others from using the original creation. On the other hand, a trademark protects the public from confusion or prevents others from using a resembling mark.

Janet White

Jul 15, 2019

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Copyright has international coverage, but a trademark covers a limited area, normally where the goods traded.

Aimie Carlson

Jul 15, 2019

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Copyright issued for a lifetime to the rightful owner, plus an extra 60 years. Normally, a registered trademark issued for ten years, but it renewed on the payment of prescribed fees.

Aimie Carlson

Jul 15, 2019

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Comparison Chart

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The privileges of the inventor of his intellectual property that prevents others from publishing or copying the original piece of work are known as Copyright.

Trademark is anything that is aware of the brand singularity and separates a product or service from those of the competitors.

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Used To

Precludes others from copying or using the original creation.

Protect the public from confusion.

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Subject Matter

Artistic and literary creations

Goods and Services

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Area Covered

Act applicable all around the world.

Limited area.

Aimie Carlson

Jul 15, 2019

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Issued For

Long term

Comparatively short term

Aimie Carlson

Jul 15, 2019

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Covers

Any initial or original creation

Any mark used to recognize the brand behind the product.

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Copyright and Trademark Definitions

Copyright vs. Trademark

Trademark is anything adopted by a producer to differentiate his product or service from that of his competitors. Trademark may include a symbol, name, illustration, catchphrase, etc. Copyright is the special or sole right of the creator to license, copy, or market his intellectual property. Trademark usually applied to books, music, and films. Trademarks can be unregistered or registered. An unregistered trademark should be accepted when you first begin to market your product. A registered trademark comes along legal protection. It guarantees that no one can create a product or service identical to yours within your geographical market, conversely copyright grants exclusive privileges to the creator of an original work. Copyright make sure that no one can copy this book without giving the creator or his heirs; copyright law is enforced through civil courts and often applies internationally. A ™ indicates an unregistered trademark or trademark that is not yet approved. Once the trademark is registered, it denoted by a ® mark. It is illegal to use this symbol unless registering the trademark, whereas copyright is a “circle c” mark, like this ©. Registration of the copyright is not essential to use the mark.

What is Copyright?

Copyrights granted as soon as a qualified work of creative art or authorship “is created and fixed in a real or concrete form that is perceptible likewise directly or with the aid of a machine or device.” This automatic legal recognition of ownership extended to original works of music, literature, drama, visual art, architecture and some other sorts of creative expression. As a copyright holder, a specific artist or business normally granted the exclusive right to perform, display or distribute the work, imitate it and profit from it. The holder of the copyright will usually not be able to compel their intellectual property rights in court. It is therefore that it is so vital to work with a leader to secure a successful registration as early as your creative work turns into eligible for enforceable copyright protections. Once a copyrighted work is effectually registered, the creator’s exclusive rights (as outlined above) usually remain active for 70 years besides the life of that creator. Despite that, some exceptions to this rule may apply. It is worth noting that the copyright symbol, a letter “C” with a circle around that character or letter, and the use of the word “copyright” used before and after formal registration of a copyrighted work. This symbol imparts notice to the public that the work is copyrighted and that you own the work.

What is a Trademark?

Trademarks protect words, phrases, graphics, symbols and other advertising devices designed to brand a company, its products, and its services in ways that distinguish that brand from competitors. The trademark symbol (TM) is applied to signal that a word, graphic, etc. is being claimed by a specific company as trademarked. Though, it is important to understand that without a formally approved trademark registration, this claim remains largely unenforceable. The TM symbol is typical, though not always, applied to protect an unregistered mark by alerting potential offenders that a term, slogan, logo or another indicator actively claimed as a trademark. However, when trademark registration not yet successfully obtained, the use of TM does not guarantee the owner’s mark protected against offenders under current intellectual property law.

Types

• Arbitrary trademark: The trademark has no link to the use or product, like Android’s creature.
• Fanciful trademark: The trademark has no sense or meaning on its own, as is the case for Pepsi.
• Suggestive trademark: A trademarked word implies what the product is, like Coppertone or Netscape.
• Product packaging or trade dress: The structure or form of the product or packaging is trademarked, such as the shape of Coca-Cola’s bottle.

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