All the differences you need to know about the copyright and trademark ;
Introduction : -
A trademark and copyright are types of Intellectual Property Rights (IPR) in India. They provide the owners with an exclusive right of use over their products or creations for a limited time. Trademarks are used for goods or services of a company, while copyright is used for original creative work like videography, photography, literary works, etc.
The scope of trademarks and copyrights is different. Thus, an individual or entity seeking to register an intellectual property must know the differences between a trademark and copyright and obtain the correct registration to protect their intellectual property.
What is Trademark?
A trademark is a word, logo or visual symbol used by businesses to differentiate their goods or services from other businesses offering similar goods or services. Trademarks are registered to protect brand names, slogans, business names, etc. For trademark registration, an applicant should file the trademark application with the Registrar of Trademarks.
What is Copyright?
A copyright is a right granted to the creators of musical, literary, artistic, and dramatic works and the producers of sound recordings and cinematograph films. It is used to protect the creativity of individuals like artists, writers, designers, dramatists, designers, architects, musicians, and producers of cinematograph films, sound recordings and computer software.
Copyright intends to protect the original work of individuals, and nobody can reproduce, copy or use the creators’ content without their permission. The registered owner of a copyright has the rights to publishing, printing, copying or marketing his/her intellectual work. It protects music, books, movies, photographs, paintings, songs, novels, dances, etc., from reproduction or copying.
Difference Between Trademark and Copyright
Following are the differences between a trademark and a copyright:
|Copyright Act, 1957
|When a copyright registration is obtained, the © symbol is used.
|The author of a copyrighted work gets the exclusive rights to utilise the copyrighted work for financial gains.
|Copyright registrations are valid for the lifetime of the author. After the death of the author, they are valid for 60 years from the year after the author’s death.
|Copyrights help recognise the original nature or aspect of the work the author has created.
|The purpose of using copyrights is to ensure the creator’s interest is protected and to give an exclusive right to utilise or distribute their creation.
|A copyright is used for the original creation in literary, dramatic and artistic works.
|A copyright protects original creative expressions such as artistic, literary, and dramatic works.
|An author of a work, i.e. a book author, music composer, artist, photographer, producer or software developer, can apply for copyright registration to protect their original and unique work.
|The Copyright Office is responsible for the examination of copyright registration applications.
|When a trademark registration is in progress, the term ™ is used. When registration is obtained, the Ⓡ symbol is used.
|The trademark owner has entire ownership over the registered trademark. The trademark helps individuals and businesses protect and retain the exclusivity of the services or products they provide.
|Trademark registrations are valid for ten years from the application date.
|Trademarks help consumers and businesses to recognise the standard and quality of a product or service of a business.
|The purpose of using trademarks is to ensure the exclusivity or distinctiveness of the product or service.
|A mark is used to identify the brand of a product, good or service.
|A trademark protects a brand, name, logo, shape or slogan used to sell products and services.
|An individual or a business can be an applicant and obtain trademark registration for their logos or symbols to be applied for goods and services.
|The Controller General of Patents, Designs and Trademarks are responsible for the examination of trademark registration applications.
How Auriga Accounting Helps In Copyright Registration ?
However, Auriga Accounting Private Limited can assist individuals and businesses in various ways when it comes to copyright registration. Here’s how:
Legal Assistance: Auriga Accounting private limited have legal teams or partnerships with law firms that specialize in intellectual property law. These professionals can guide individuals or businesses through the copyright registration process, ensuring that all paperwork is filled out correctly and filed with the appropriate government office.
Documentation Preparation: Auriga Accounting can help in gathering and preparing the necessary documentation required for copyright registration. This may include proof of originality, creation dates, and other relevant information about the work to be copyrighted.
Financial Support: Auriga Accounting Private Limited may provide financial support to individuals or entities seeking copyright registration. This could be in the form of covering legal fees, application costs, or other expenses associated with the registration process.
Educational Resources: Auriga Accounting often provide educational resources or workshops to help individuals understand the importance of copyright registration and how to go about it. These resources can be in the form of articles, videos, or seminars.
Networking and Partnerships: Auriga Accounting have networks or partnerships with intellectual property experts, including lawyers and consultants. They can connect individuals or businesses with these experts, making it easier to find reliable assistance for copyright registration.
Digital Platforms: Online platforms or companies that deal with digital content (like photography, music, or writing) sometimes offer streamlined copyright registration services. These platforms guide users through the process and submit applications on their behalf, simplifying the process for creators.
Copyright Management Services:Auriga Accounting Private Limited specialize in managing copyrights and royalties. They can handle the entire copyright process, from registration to licensing and royalty collection, allowing creators to focus on their work while experts handle the legal and financial aspects.