Difference between Copyright and Trademark | Copyright vs. Trademark

Copyright vs. Trademark

What is Difference between Copyright and Trademark? Copyright and Trademark are two ways to legally protect intellectual property rights. However, they are used to protect different types of intellectual property and in different media. If you do not know the difference between Copyright and Trademark, read on; because this time we explained it to you.

Difference between Copyright and Trademark

Copyright (Copyright)
Copyright gives a person ownership and rights over an original work of art or intellectual. It is a legal concept that gives the creator of an original work the right to allow or not to copy what he has created, the right to be credited for his work, the right to determine who can adapt his work to other forms, the right to determine who can benefit economically with his work and other related rights.

Around 165 countries around the world support the Berne Convention’s rules on copyright. Under these rules, copyright is automatic. These rules are applicable for any work and are valid for 50 years from the date of publication of the same or up to 50 years after the death of the author. However, these rules may vary depending on the country.

An original work can be literary, dramatic, musical or artistic in a general sense. You can also include other creative works. However, the work as original must be physical; you cannot set Copyright in the case of an idea. It should also be shown that some skills and thoughts were used or reflected in the creation of the work. It is not simply about drawing a line on paper and waiting for the “drawing” to be copyrighted.

In spite of everything, an author can not apply intellectual property rights to certain things like: titles, names, short phrases and slogans; family symbols or designs; mere variations of typographic ornamentation, letters or colors. Since these things are covered under Trademark.

Trademark
A brand is a recognizable sign, design or expression that is associated with a company, individual or company. Brands are used to identify a particular product, logo or company. They often identify products or services. For example: Cougar having Puma, apple bitten apple, Microsoft window, golden arches of McDonalds and Playboy bunny. They are logos and trademarks of their respective companies.

Trademarks can also incorporate slogans, such as Nike’s “Just Do It”; Panasonic “Ideas for life”; Nokia “Connecting people” and McDonalds “I love it.” These are also trademarks of their respective companies.

Marks can also be just a word, phrase, symbol, design or any combination attached. Once the trademark is registered, it cannot be used by any other entity.

The main difference between Copyright and Trademark is that the former is primarily used for individual creative works, while the latter is generally used for logos, symbols or business slogans. However, some logos, symbols or slogans may have both copyright and trademark.

Key differences between trademark (Trademark) and copyright (Copyright)

  • The copyright is generally applied in artistic or intellectual works, while the trademark is applied in cases of logos, symbols, slogans … of companies, people, groups …
  • A book by George RR Martin is copyrighted, while Apple’s bite apple has a trademark (Trademark).