DIFFERENCE BETWEEN COPYRIGHT AND TRADEMARK

DIFFERENCE BETWEEN COPYRIGHT AND TRADEMARK

September 25, 2018

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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The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer. This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached.

 

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  • What is a trademark?

    A trademark can be any word, sign, symbol or graphic that you apply to your company, goods or services to distinguish them from those of your competitors; for example, a brand, product or company name, or logo. The trademark serves as a badge of origin for your business and its brands and products, and can consist of words, logos, slogans, colours and shapes, or a combination of all of these.

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