Trademark vs Copyright: What’s the Difference?

Trademark vs Copyright

In the world of publishing, whether it’s a book, an article, or a blog, writers and authors hear terms like ‘Trademark’ and ‘Copyright’ quite often. These terms are types of intellectual property. But each of them safeguards or protects different things and works differently.

Let’s take a quiz to know more about the meaning of terms like Trademark and Copyright in an interactive way!

Identify this:

• When a person writes a book – is that Trademark or Copyright?
• An author writes a series named ‘Laila’s Dreams’ – is the name registered under Trademark or Copyright?

Pick your scenario (as an author/writer):

• Are you writing your first book?
• Are you a renowned author building your name as a brand?

Keep your answers in your mind. We will disclose the right ones shortly.

What’s Trademark and Copyright?

Trademark:

A trademark is used to safeguard the names, logos, slogans, or taglines of a brand, so users can easily identify it. This prevents competitors from using the same brand name or logo in the same line of business.

Real Life Example: Nestle won a dispute against Cadbury over the trademark of the shape of their KitKat bar.

Copyright:

A copyright is used to shield or protect the original creative works, such as articles, books, music, paintings and films, etc., presented in a tangible form (written or recorded).

Real Life Example: Copyright for the Harry Potter books’ content is held by their author, J.K. Rowling. However, Harry Potter as a brand name has been trademarked. 

What is the difference between Trademark and Copyright? 

Basis of Distinction –

1 – Safeguards

•  Trademark – Brand identity
•  Copyright – Expression of an idea

2 – Registration

• Trademark – Requires formal registration
• Copyright – Arises automatically as soon as an original work is created

3 – Duration

• Trademark – Can be renewed after 10 years from the date of filing
• Copyright – Life-long

Check your quiz answers:

1. When a person writes a book—Copyright.
2. An author writes a series named ‘Laila’s Dreams’—Trademark.
3. When one writes his/her first book, his /her focus should be on copyright.
4. When a renowned author builds a brand, he/she seeks a trademark.

Some Common Copyright Mistakes by Authors:

1. Assuming Copyright covers everything – Many times, authors/writers assume that copyright shields the overall content of their work, but in reality, it doesn’t protect titles, short phrases or ideas.
2. Not giving importance to registration & evidence – We know that copyright generates automatically as soon as original content is created, but it needs to be registered to avoid any disputes if someone tries to copy the content.
3. Using another person’s original work without checking – Some people copy quotes, images or texts from others’ work without seeking permission. 

Some Common Trademark Mistakes by Authors:

1. Picking a similar name or series title – Some authors/ writers pick a similar name to an already existing, renowned creative work.
2. Keeping an already registered pen name – Many authors/writers use a pen name without checking with the database for any prior registration under the same name.
3. Assuming Trademark & Copyright as the same thing – Many authors are not aware of the purpose and use of these terms, and this false assumption leads to the misuse of titles, names, etc., even if the content is protected.

Steps to Avoid These Common Mistakes

• Remember that copyright only safeguards or protects the expression of your ideas, not your ideas. Real Life

Example: Author Amish wrote three books on Shiva, on which he has a copyright. However, several books have been written on a similar idea by numerous other authors.

• Do keep your work duly registered and recorded to avoid any future dispute.
• Do not copy other people’s work without permission.
• Do check the trademark database online before finalising a pen name.
• Follow the process of formal registration once you start promoting your brand or series, and do not rely only on copyright.

Conclusion

We can finally say that the mantra ‘Copyright first, Trademark later’ is the key to turning your simple, unique, creative idea into a brand by protecting your original work first and then registering it formally.

Don’t Just Write Smart — Brand Smart