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Trademark vs Copyright – Top 7 Powerful Differences You Must Know in 2025

What is a Trademark?

A trademark is a unique sign, symbol, word, phrase, logo, design, or a combination of these elements that distinguishes the goods or services of one business from those of others. It acts as a brand identity for companies, helping consumers identify and trust a product or service. In India, trademarks are governed by the Trade Marks Act, 1999, which provides for registration, protection, and enforcement of trademark rights.

Definition and Meaning of Trademark

Legally, a trademark means:

  • A mark capable of being represented graphically.
  • It must distinguish the goods or services of one person from those of others.
  • Marks can include names, labels, devices, packaging, colours, shapes, or even sounds.

In simple terms, a trademark is a brand identity that protects your business’s unique identity from being copied or misused by competitors.

Examples of Trademarks in India

Some popular and well-known trademarks in India are:

  • Amul – Trademark for dairy products.
  • Tata – A leading Indian multinational with a trademark across various sectors.
  • Airtel – Trademark for telecom services.
  • Zomato – Trademark for online food delivery.
  • Kingfisher – Trademark used for beverages and airlines.
  • LIC (Life Insurance Corporation of India) – Trademark for insurance services.

These examples demonstrate the crucial role trademarks play in brand recognition and customer trust.

Importance of Trademark Protection

Trademark protection is essential for businesses because:

  1. Brand Identity – It helps customers recognise and differentiate your products/services.
  2. Legal Protection – Prevents unauthorised use or imitation of your brand.
  3. Goodwill & Trust – Builds consumer confidence in the quality and authenticity of your offerings.
  4. Business Value – Increases the market value of your business as trademarks are considered intangible assets.
  5. Exclusive Rights – Gives the owner the exclusive right to use the mark in the registered category.
  6. Global Reach – Helps businesses expand internationally through trademark recognition.

What is Copyright?

Copyright is a legal right granted to the creator of original works such as literature, music, films, art, computer software, and more. It gives the creator exclusive rights to reproduce, distribute, perform, display, or license their work. In India, copyright is governed by the Copyright Act, 1957, which has been amended over time to adapt to digital and creative industry needs.

Definition and Meaning of Copyright

  • Definition: Copyright is an intellectual property right that protects original works of authorship, ensuring that the creator has control over how their work is used.
  • Meaning: It ensures that no one can copy, reproduce, or exploit a creator’s work without permission. Copyright doesn’t protect an idea itself but the expression of the idea (for example, the way a story is written, the tune of a song, or the design of software).

Examples of Copyright in India

Some real-life examples of copyright protection in India include:

  • Books and Novels – Chetan Bhagat’s books like Five Point Someone are copyrighted literary works.
  • Bollywood Movies – Films such as Sholay or 3 Idiots are protected under copyright law.
  • Music Albums – Songs from T-Series or Zee Music are copyrighted sound recordings.
  • Software – Products like Tally ERP or Indian-developed apps are protected under copyright.
  • Artworks – Famous paintings by M.F. Husain or Raja Ravi Varma fall under artistic copyright protection.

Importance of Copyright Protection

Copyright protection plays a vital role in encouraging creativity and innovation. Its importance includes:

  1. Exclusive Rights – Creators have full control over how their work is used, distributed, or monetised.
  2. Legal Protection – Prevents unauthorised reproduction, piracy, and plagiarism.
  3. Financial Benefits – Enables creators to earn royalties and licensing fees.
  4. Encourages Creativity – Protects intellectual efforts, motivating individuals and companies to create more original works.
  5. Safeguards Digital Content – With growing online media, copyright protects digital creations like videos, blogs, apps, and designs.
  6. International Recognition – Through international treaties (like the Berne Convention), Indian creators also enjoy protection abroad.

Key Differences Between Trademark vs Copyright

1. Purpose of Protection

  • Trademark: Protects brand identity and helps customers distinguish between different businesses, products, or services.

     

  • Copyright: Protects original creative works and ensures creators have exclusive rights to use and distribute their work.

     

2. What Each Protects

  • Trademark: Protects logos, brand names, slogans, taglines, packaging, symbols, and even sounds that identify a business.

     

  • Copyright: Protects literary, musical, artistic, dramatic works, films, software, and sound recordings (the creative expression of ideas).

     

3. Duration of Protection

  • Trademark: Valid for 10 years from the date of registration but can be renewed indefinitely every 10 years.

     

  • Copyright: Valid for the lifetime of the creator plus 60 years (after their death) in India. For works owned by companies (like films or sound recordings), protection lasts 60 years from the year of publication.

     

4. Registration Requirement

  • Trademark: Registration is mandatory to get full legal protection and exclusive rights. (Unregistered trademarks can get limited protection under “passing off,” but enforcement is difficult.)

     

  • Copyright: Automatically applies as soon as the work is created and fixed in a tangible form. Registration is not compulsory, but having it makes enforcement easier in court.

In short:

  • Businesses & Startups → Trademark (for logos, brand names, slogans).

     

  • Artists, Writers & Creators → Copyright (for creative works like music, art, books, films).

How to Register a Trademark in India?

Registering a trademark in India is a legal process under the Trade Marks Act, 1999. It gives exclusive rights over a brand name, logo, or symbol. Below is a complete guide:

Step-by-Step Process of Trademark Registration

  1. Trademark Search
    • Search the official IP India website (https://ipindia.gov.in) to check if your proposed name, logo, or mark is already registered or similar to existing ones.
  2. Choose the Correct Class
    • Trademarks in India are divided into 45 classes (Class 1–34 for goods and Class 35–45 for services).
    • You must select the right class depending on your business activity.
  3. File the Application (Form TM-A)
    • File online through the IP India portal or offline with the Registrar of Trademarks.
    • The application includes details of the applicant, mark, class, and representation of the logo/name.
  4. Examination by the Trademark Office
    • The Registrar examines the application for compliance and checks for conflicts with existing trademarks.
  5. Publication in the Trademark Journal
    • If accepted, your trademark is published in the Trademark Journal for 4 months to allow objections from third parties.
  6. Opposition (if any)
    • If someone opposes your mark, both parties must present their case. If no opposition is filed, or if it is resolved in your favour, the process continues.
  7. Registration Certificate
    • Once approved, the Registrar issues a Trademark Registration Certificate.
    • The ® symbol can now be used legally with your brand.

Documents Required for Trademark Registration

  1. For Individuals/Proprietors:
    • Aadhaar Card, PAN Card, and address proof.
    • Logo or brand name (if applicable).
  2. For Partnership/LLP/Company:
    • Partnership Deed / Certificate of Incorporation.
    • PAN Card of entity.
    • Power of Attorney (Form TM-48) signed by the applicant.
    • Logo (in JPEG format).
  3. Additional Requirements:
    • Email ID and contact number.
    • Signed authorisation if filed through a trademark agent or lawyer.

Fees Involved in Trademark Registration (as of 2025)

  • Individuals, Startups, Small Enterprises: ₹4,500 (per application, per class).
  • Others (Companies, LLPs, Large Firms): ₹9,000 (per application, per class).

Note: If you file through an agent or lawyer, professional fees will be extra.

Validity:

  • A registered trademark is valid for 10 years and can be renewed indefinitely every 10 years.

Benefits of Registering Trademark vs Copyright

1. Legal Protection

  • Trademark: A registered trademark gives you exclusive rights over your brand name, logo, or symbol. It allows you to take legal action against infringement, counterfeiters, or copycats.
  • Copyright: Registration ensures strong evidence in court and helps creators protect their original works (books, music, films, software, etc.) from piracy or unauthorized use.

2. Commercial Advantages

  • Trademark: Boosts brand recognition and customer trust, making your products/services stand out in the market. Trademarks are also considered intangible assets, which can increase the valuation of your business and attract investors.
  • Copyright: Creators can monetise their works through licensing, royalties, and distribution rights. For example, a musician earns royalties every time their copyrighted song is played or used.

3. Avoiding Disputes

  • Trademark: Prevents other businesses from using a similar name, logo, or design, thereby reducing brand confusion and costly legal battles.
  • Copyright: Prevents plagiarism and unauthorized copying, ensuring that only the creator controls how their work is reproduced or distributed.

In short:
 Registering a trademark safeguards your brand identity, while registering a copyright protects your creative works. Both ensure legal security, financial benefits, and peace of mind.

Trademark vs Copyright – Real-Life Examples in India

Example of a Trademark

  • Nike Logo ( Swoosh Symbol) – Though an international brand, it is trademarked in India to protect its sportswear identity.
  • Amul – A registered trademark representing India’s leading dairy brand, ensuring no other company can sell products under the same name.
  • Tata – One of the strongest trademarks in India, covering automobiles, steel, IT, and multiple industries.

These examples show how trademarks protect brand identity, logos, and names in the marketplace.

Example of Copyright

  • Songs – Music tracks from Bollywood (e.g., songs owned by T-Series or Zee Music) are copyrighted to prevent piracy and unauthorised use.
  • Books – Novels like Five Point Someone by Chetan Bhagat are protected under copyright.
  • Movies – Bollywood films such as 3 Idiots or Sholay are copyrighted, ensuring only the producers have the right to reproduce, distribute, or broadcast them.

These examples show how copyright protects creative works like music, films, and literature.

Summary:

  • Trademark → Protects brand identity (Amul, Tata, Nike logo).
  • Copyright → Protects creative expression (songs, books, movies).

Common Misconceptions About Trademark vs Copyright

1. Trademark and Copyright Are Not the Same

Many people assume trademark and copyright mean the same thing, but they protect very different rights.

  • Trademark safeguards brand identity (logos, names, slogans, packaging).
  • Copyright protects creative works (books, songs, movies, software, art).
     They are complementary but not interchangeable.

2. Registration Is Not Automatic in All Cases

  • Copyright protection arises automatically the moment a creative work is created and fixed in a tangible form. However, registering it strengthens the creator’s claim in case of disputes.
  • A trademark, on the other hand, does not come automatically. It must be applied for and registered with the Trademark Office to get full legal protection. Without registration, enforcement is difficult.

     

Other Misconceptions You Could Add (if you want to expand this section):

  • “Trademark lasts forever” – It doesn’t. It needs renewal every 10 years.
  • “Copyright protects ideas” – It only protects the expression of ideas, not the ideas themselves.

“Using TM symbol means full protection” – The ™ symbol can be used while applying, but only a registered mark gets the ® symbol with full legal rights.

Conclusion – Trademark vs Copyright in India

Both trademark and copyright play a vital role in protecting intellectual property, but they serve different purposes. A trademark safeguards a brand’s identity—its name, logo, or slogan—ensuring that businesses stand out in a competitive market. On the other hand, copyright protects creative works like books, music, films, art, and software, giving authors and creators exclusive rights over their creations.

For businesses and startups, trademarks are essential to build and protect brand value, while for artists, writers, and creators, copyright ensures recognition and financial rewards for their work. Together, they form the foundation of intellectual property rights in India, encouraging both innovation and fair competition.

👉 In short, if you want to protect your brand identity, go for a trademark. If you want to secure your creative expression, rely on copyright.

❓ Frequently Asked Questions (FAQ) on Trademark vs Copyright

What is the main difference between a trademark and copyright?

A trademark protects brand names, logos, and symbols that identify goods or services, while copyright protects original creative works like books, music, films, and art.

Do I need both trademark and copyright protection?

Yes, depending on your work. Businesses often need trademarks for brand identity, while creators need copyright for their artistic or literary works. Sometimes, both can apply—for example, a logo design can be copyrighted as art and trademarked for brand use.

How long does trademark protection last in India?

Trademark protection in India lasts for 10 years from the date of registration and can be renewed indefinitely.

How long does copyright protection last in India?

In India, copyright generally lasts for the lifetime of the author plus 60 years after their death.

Is registration of trademark and copyright mandatory in India?

No, registration is not mandatory. However, registration provides stronger legal rights and makes it easier to enforce your ownership in case of disputes.

Can a logo be protected under both trademark and copyright?

Yes. A logo can be copyrighted as an artistic work and also trademarked as a brand identifier.

What is cheaper – trademark or copyright registration in India?

Copyright registration fees are usually lower compared to trademark registration. However, the cost depends on the type of work and category.

Which is more important for a startup – trademark or copyright?

For startups, trademark registration is more important since it protects the brand name, logo, and identity, which helps in building customer trust.

Can I sue someone if they copy my trademark or copyrighted work?

Yes, if your trademark or copyright is registered, you have the legal right to take action against infringement in India.

Where can I register a trademark or copyright in India?

Trademark: Controller General of Patents, Designs & Trade Marks (CGPDTM). Copyright: Copyright Office under the Ministry of Commerce and Industry.
BT Team

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Published by
BT Team
2 months ago

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