Genuine Filings: Revolutionizing SME business management with cutting-edge software and expert services for secure, efficient compliance and financial excellence

For Any Queries


Difference between copyright and trademark


You’ve probably heard the terms copyright and trademark used frequently in our daily lives, in newspapers, news channels, the internet, the things you consume from the internet, and so on. 

Many businesses have brand logos and taglines for their businesses and the products they offer. 

The differences between such intellectual property rights and their significance will be discussed in this article. 

Both trademark and copyright are examples of intellectual property rights; these are assets that we cannot touch but have monetary value in one form or another. 

In this blog, we will discuss what trademarks and copyrights are, the purpose of such intellectual property rights, and the differences between the two.

Illustration highlighting the difference between copyright and trademark in intellectual property rights

What is the purpose of copyright and trademarks?

The purpose of the copyright is to ensure that only the creator can use the copyrighted work and that anyone else cannot reproduce, use, or trade the copyrighted work in any way. 

Its main purpose, we can say, is to protect the original work from those who intend to copy it in the best interests of the work’s owner or creator. 

Intellectual property in the form of literature, drama, music, sound, and other artistic works is typically protected by copyright. 

Poetry, novels, books, stories, film scripts, and other forms of writing are some things for which a copyright can be obtained. 

Other things include movies, videos, songs, music, and other audio and video materials. Artworks like paintings, sculptures, buildings, and research projects are also covered.

Illustration depicting the purpose of copyright in safeguarding creative works and intellectual property rights.

Copyright laws in India

The primary law that controls everything related to copyright in India was passed in 1957 and is known as the Copyright Act. In addition to the Copyright Act of 1957, the 1958-notified Copyright Rules also apply to copyright-related matters in India. 

India is a signatory to both the Berne Convention and the Universal Copyright Convention, so both of these agreements have an effect on the copyright laws that were passed there. 

Illustration showcasing copyright laws in India, emphasizing the legal framework for protecting intellectual property

Section 2(zb) of the Indian Trademarks Act, 1999 defines a trademark or (“TM”) as a “mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and combination of colours.” 

In layman’s terms, we can say that a trademark is a type of mark of identification that businesses use to set their goods or service apart from those of others and rivals. 

Illustration representing a trademark symbol, illustrating the concept of protecting brand identity through trademarks

The need for a trademark

The primary goal of a trademark is to ensure that the products and services provided by a business are distinct from those provided by rival companies or other market participants. 

For a variety of reasons, including the quality, quantity, length of time required for service delivery, method of production, etc. of the goods and services that are provided by that company, a trademark is frequently used to safeguard the reputation, fame, and popularity of those goods or services. 

For the benefit of the business as well as the customers of such businesses, trademarks protect the exclusivity of the goods and services as well as the company. 

Illustration highlighting the need for trademarks in safeguarding brand identity and distinguishing products and services


In conclusion, we can say that the primary distinction between a copyright and a trademark is that a copyright is used to safeguard the originality of artistic and other forms of creation, such as literature, music, ideas, and so forth, for the benefit of the creator, whereas a trademark is used to set a business apart from its competitors and to safeguard its identity and exclusivity. 

Both copyright and trademarks can be used to protect intellectual property rights, but they do so for very different kinds of property, are governed by very different Acts, and each has its own registration process.