Difference Between Copyright and Trademark in Indian Law

In today’s competitive business and creative environment, protecting your intellectual property is critical. However, many individuals and businesses in India often confuse copyright with trademark. While both are forms of intellectual property protection, they serve different legal purposes.

This article explains the difference between copyright and trademark in the Indian context to help you make informed decisions when protecting your creations and brand.

What is Copyright?

Copyright is governed by the Copyright Act, 1957. It protects the original expression of ideas, not the ideas themselves. This includes a wide range of creative works such as books, music, films, paintings, and even certain types of software.

Examples of Copyrighted Works:

  • Books, blogs, poems, and articles

  • Music and sound recordings

  • Films, videos, and documentaries

  • Artwork, illustrations, and photographs

  • Computer programs (if original and creative)

Key Features:

  • Automatic protection: Copyright exists the moment the work is created and fixed in a tangible form.

  • Registration not mandatory: But having a registered copyright makes enforcement easier in legal disputes.

  • Validity: Lasts for the lifetime of the author plus 60 years after their death.

  • Purpose: Prevents others from reproducing, distributing, or adapting your work without permission.

What is a Trademark?

A trademark is governed by the Trade Marks Act, 1999. It protects the distinctive identity of a brand, such as a name, logo, slogan, sound, or even color combinations used to identify and distinguish goods or services in the market.

Examples of Trademarks:

  • Brand names like Reliance, Infosys, or Flipkart

  • Logos such as the Airtel wave or Amul girl

  • Slogans like “Have a break, have a KitKat”

  • Unique product packaging or design

Key Features:

  • Protection only through registration: Filing with the Trademark Registry is essential for legal rights.

  • Validity: Registered for 10 years and can be renewed indefinitely.

  • Purpose: Protects your brand from unauthorized use or imitation in the marketplace.

Key Differences Between Copyright and Trademark

Feature Copyright Trademark
Applicable Law Copyright Act, 1957 Trade Marks Act, 1999
Protects Original creative works Brand identity elements
When Protection Starts Upon creation of the work Upon registration approval
Registration Required No, but recommended for enforcement Yes, mandatory for full protection
Validity Period Lifetime of author + 60 years 10 years, renewable indefinitely
Main Users Authors, artists, developers Businesses, service providers, product makers

Why It Matters

Knowing whether to use copyright or trademark is essential for:

  • Startups aiming to protect both content and brand identity

  • Freelancers and creators who want to secure their original works

  • Businesses looking to grow and defend their brand reputation

For example, if you create a unique jingle for your brand, the lyrics and melody are protected by copyright. However, the brand name and logo used in the marketing of that jingle should be protected through trademark registration.

Final Thoughts

While both copyright and trademark play important roles in intellectual property protection, they are not interchangeable. Copyright safeguards your creativity, whereas trademark secures your brand identity. Understanding this difference can help you safeguard your business, reputation, and assets more effectively.

Need Help with Copyright or Trademark in India?

At Tradeviser, we specialize in protecting your creative and commercial assets. Whether you’re a startup, artist, or entrepreneur, our experts can guide you through the copyright and trademark registration process smoothly.

Get in touch with us today to secure your IP the right way.