We frequently mistake trademark and copyright; in this essay, we will examine the differences between the two on a variety of levels, including benefits, drawbacks, and government rule
TRADEMARK: A trademark is a symbol or a sign used by one company to differentiate its goods and services from those of other companies. In today’s market, it is widely used by a variety of enterprises. A trademark can be owned by an individual, a business, or a legal body. Many firms can be seen applying for their trademark on goods packaging or on the product itself. It protects your goods brand or mark from unauthorized use by others. Anyone who uses a trademark without authorization is legally liable to the trademark owner.
COPYRIGHT: In the eyes of the law, copyright is a legal right that grants the person who created the work exclusive rights to use it. Anyone who has copyright should make the best and most ethical use of it, according to the copyright law’s stipulations. Copyright is granted to those who are creative or who create original material. This is used by poets, novelists, and painters in their work.
UNDER NUMEROUS HEADINGS, THERE IS A DISTINCTION BETWEEN TRADEMARK AND COPYRIGHT:1.) Legislation– The Indian Copyright Act of 1957 protects copyrights, whereas the Trademarks Act of 1999 protects trademarks.
2.) Type of Process– The receiving of copyright is an administrative procedure.
The procedure for obtaining a trademark is more adversarial.
3.) Importance– Copyrights are used to protect your work from being used without your permission. Trademarks are used to differentiate your mark, brand, or logo from that of others.
4.) Area of Application– Copyrights are recognized around the world. It is used to describe creative and literary works. Trademarks are constrained in their scope of applicability. It is usually used to describe goods and services. Based on international or national usage, the limiting area might be raised or decreased.
5.) Concerned Person– Artists, painters, graphic designers, novelists, and others file copyright applications to safeguard their original and unique work. An individual or business files a trademark to protect their logos or symbols for various goods and services.
6.) Protection– Copyright is a system that automatically protects against duplicating. Trademarks provide protection against infringement and confusion. Distinguishable characteristics are automatically protected.
7.) Time Period– The copyright will remain for around 70 years after the death of the original work’s creator for all works created after January 1, 1978. A trademark can be acquired for any length of time, but it must be reissued on a regular basis. The fees for a trademark application are higher than those for a copyright application.
CONCLUSION: Every day, as technology advances, the overlaps and thus complexities in deciding matters involving Intellectual Property Rights grow. It is vital that the legislature enacts stronger legislation that governs overlapping concerns in a clear and plain manner.
Right now, all that exists are the ways and viewpoints taken by the country’s courts to deal with the clashing. It is not the judiciary’s role to figure out how to apply unclear statutes. It is critical that the legislature recognizes and address the problems.
ENDNOTES: https://www.mondaq.com/india/trademark/603960/difference-between-trademarks-copyrights-and-patents
Aishwarya Says:
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