In India, Trademark and Copyright are the types of Intellectual Property Right (IPR). Although they both protect different kinds of creative expression, they function differently and protect various aspects of intellectual property. Trademarks apply to a business products or services, whereas copyright protects unique creative works such as books, films, and photographs. 

Copyrights and trademarks have different scopes. In order to protect the Intellectual Property Right, a person or any company desirous to register,they must understand the difference between a trademark and a copyright and to secured the appropriate registration. 

The Secret Weapons of Business Success: Copyright and Trademark Registration

In today’s fast paced business environment, with intense competition and less consumer time, many entrepreneurs overlook one very important resource which is their brand name. A business’s reputation and core values depend on it. Trademarks and copyright have grown to be significant factors in consumer purchasing decisions as they become mare brand conscious.

Understanding the importance of trademarks and copyright is crucial for businesses, companies, startups, and creative individuals in this day of increased brand consciousness. Gaining insight into and making use of these legal safeguards can be crucial to opening doors for corporate expansion and protecting intellectual property for successful ventures.   

Understand Trademark and Copyright

Trademark: A trademark is a word, logo, or graphical representation that businesses use to set themselves apart from other businesses that makes the products or services comparable to others. In order to protect any business names, slogans, brand names, domain names etc., trademarks are registered. For a trademark to be registered, an applicant must submit a trademark application along with documents to the Registrar of Trademarks. Symbolic representation of trademark are ™, Ⓡ, and ⓒ.

Copyright: The creators of any literary work, artistic work, musical, theatrical, and as well as those who generate sound recordings and cinematograph films are all necessarily entitled to a copyright registration. Writers, dramatists, designers, architects, musicians, and makers of computer software, sound recordings, and cinematograph films are protected by the registration of it. 

Trademark v/s Copyright

The existence of trademark and copyright is quite distinctive in various different tangents such as scope, governance, applicability, etc. Following table paints down the difference in these two different canvas of Intellectual Property:

S.No.	Particulars	Trademark	Copyright
1	Regulatory statute	In India, trademark act is regulated by Trademark Act,1999	In India, copyright act is regulated by Copyright Act,1957
2	Who can be an Applicant?	Any person or business can apply for a trademark registration to protect their symbols, slogans or logos used for products and services	Authors of original work, including books, artistic work, photographs, films, music, and software are eligible to register for copyright
3	Registering Authority	For trademark the registering authority is the Controller General of Patents, Designs, and Trademarks	For copyright registering authority is ‘Copyright Office’
4	Target objects	Trade names, marks, logos, taglines, slogans, business brands, and domain names are protected by trademarks	Creative, artistic, dramatic and musical works are protected by copyright
5	Purpose	The main goal of using a trademark is to maintain its exclusive right upon the business goods and services	Copyright registration intends to provides the sole right to distribute and use goods and services
6	Exclusivity	A trademark grants a product or service exclusivity and a way to keep it that way	The author of the work is free to make profit from the use of their copyright-protected creation
7	Recognition	In the eyes of consumers, a trademark lends a sense of identification of product or service. Customers are aware of the brand and can infer the quality of the product or service based on the brand’s reputation	Copyright acknowledges the unique elements of the work, therefore, offers protection against the ill use, pirating of the work.
8	Validity period	To keep it safe from violators, a trademark registration is valid for ten years and can be renewed	In India, a single owner’s copyright is valid for the author’s lifetime plus an additional 60 years. The copyright may be in effect for a non-individual owner for up to 60 years beyond the date of publication
9	Identifier Symbol	Following registration, the trademarked good, logo, or service may utilize the ®, TM, SM	Original works protected by a copyright are denoted by the symbol ©. Although registration is not necessary, it does attest to the originality.

Conclusion

Essentially, copyrights protect the economic interests of authors and producers as well as the creative expression of others, whereas trademarks protect consumer perception and brand identification in commercial circumstances. In today’s competitive and more digital market, it is critical for individuals and organizations looking to protect their discoveries, artistic works, and trademarks to understand the subtle differences between different forms of intellectual property rights.

FAQs

1. What is the difference between TM and R?

Although many people interchange the ™ and ® symbols, there are several important distinctions between them. When registering a specific good or service through a trademark application process, the ™ symbol is usually utilized. Although a trademark can only be utilized once it has been legally registered, with the ® symbol.

2. What is the difference between copyright and trademark in India?

Trademarks helps to protect brand identity, marks, slogans and logos while copyrights protect original creative works, cinematography.

3. Can I put TM on my logo?

Without obtaining anyone’s consent, you are free to place the TM next to your brand whenever you like.

4. What is the full form of TM R?

Even though your brand may not yet be registered with the appropriate IP authority, the symbol TM indicates that you are asserting your right to use it as a trademark. (R) denotes the official registration of your trademark with the national IP office for the goods and services for which you are using it.

5. What is the main difference between copyright and patent?

Original works of fiction, theater, cinematic, music, and art are automatically protected by copyright. A patent is a recognized right that grants the owner the sole authority to use an invention’s features and procedures. Logos and signs that are associated with a specific kind of good or service are protected by a trade mark.