Differences between Copyright and Trademark

Copyright protection is an automatic right that is accruable to a person or group of persons whose work is original and is in a fixed or tangible state. Under the Nigerian law, works do not need to be registered before they are copyrightable while A trademark is a unique sign, design, or expression which identifies products or services of a particular company from those of others. A trademark basically distinguishes a company or a business goods and services from others.

SIMILARITIES

• They are both intellectual property protection types
• They both offer the right to exclusive usage
• They are both aimed at promoting creativity and originality
• They are both transferable

DIFFERENCE

• Copyright needs no registration before it is actionable. While registration of trademark is proof of ownership of a particular brand or business and registration of trademark is vital to claim ownership.
• Copyright protection is accruable to a person or group of persons whose work is original and is in a fixed or tangible state such as artistic works, sound recording, cinematography etc. Whereas trademark protection is the protection of a brand of goods and services such as logos, catch phrases and brand names.
• Copyright protection is available to authors of literary, artistic, musical works, cinematography, photography and broadcast while trademark protection is available to service providers, producers, and businesses generally.

Read blog post on “benefit of trademark registration” and “Why you should copyright your works”

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