Under Indian law, copyright and trademark protect different types of intellectual property. Copyright primarily protects original creative works, while a trademark protects signs that distinguish the goods or services of one business from those of others.
1. What They Protect
Copyright protects original literary, dramatic, musical and artistic works, cinematographic films and sound recordings. Examples include books, photographs, music, films, software code and artwork.
Trademark protects distinctive marks used in connection with goods or services, such as brand names, logos, symbols, words, and certain other identifying features that can distinguish one business from another.
2. Rights Given to the Owner
A copyright owner generally has exclusive rights to reproduce, issue copies, communicate or perform the work publicly, make adaptations or translations, and undertake other acts depending on the type of work.
A registered trademark proprietor generally has the exclusive right to use the trademark in relation to the goods or services for which it is registered and can take action against unauthorized use that amounts to infringement.
3. Registration Process
Copyright protection generally arises automatically when an eligible original work is created; registration is not a prerequisite for copyright to exist. However, registration can provide useful documentary evidence of ownership.
Trademark registration requires an application to the Trade Marks Registry. The application is examined, objections may be raised, and accepted applications are generally published for opposition before registration.
4. Duration of Protection
The duration differs considerably.
For many categories of copyright, protection generally lasts for the lifetime of the author plus 60 years, although specific rules apply to different types of works.
A registered trademark is generally protected for 10 years from the date of application and can be renewed repeatedly for further 10-year periods, subject to the applicable requirements.
5. Infringement and Legal Remedies
Copyright infringement can occur when someone, without authorization, carries out an act that is exclusively reserved for the copyright owner. Depending on the circumstances, the owner may seek civil remedies such as an injunction, damages or an account of profits. Copyright law also contains certain criminal provisions.
For trademark infringement, a registered trademark proprietor may seek remedies such as an injunction, damages or an account of profits and other relief available under trademark law. A passing-off action may also be available in appropriate cases involving an unregistered mark.
Key Difference
| Aspect | Copyright | Trademark |
| ------------------------- | --------------------------------------------------------- | ------------------------------------------------------------------------------ |
| Main purpose | Protects original creative works | Protects brand identity and distinguishes goods/services |
| Examples | Books, music, photographs, films, software, artwork | Brand names, logos, symbols and other distinctive marks |
| Registration | Not generally required for protection | Registration provides statutory trademark rights |
| Typical duration | Often author's lifetime + 60 years, depending on the work | 10 years, renewable repeatedly |
| Main infringement concern | Unauthorized copying or exploitation of protected work | Unauthorized use of a protected mark and resulting confusion |
| Common civil remedies | Injunction, damages/account of profits | Injunction, damages/account of profits |
| Unregistered protection | Copyright can exist without registration | Passing off may protect an unregistered trademark in appropriate circumstances |
A business can therefore need both forms of protection. For example, a company's logo may contain artistic elements capable of copyright protection, while the same logo can function as a trademark identifying the company's goods or services. The two rights can coexist because they protect different legal interests.
