Differences between Copyright and Trademark

Differences between Copyright and Trademark

July 23, 2019

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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Frequently Asked

  • What additional documents do I require to file my Annual Returns?
  • What is the first thing I must do to register a business in Nigeria?

    To register a business in Nigeria; you would need to conduct a name search of the business. You can achieve this using your CAC-CRP account.

  • What is SON?

    SON stands for ‘Standards Organization of Nigeria’

  • Can I use the data collected legally for one purpose for another purpose?

    No, you can’t use the data collected for one purpose for a different purpose.

  • Does copyright protect website Domain names?

    No, copyright does not protect domain names.

  • When can I start renewal of the registration of my product(s) with NAFDAC?

    You can start renewal 6 months to the date of expiry.

  • Who can be directors in my company?

    Any two adults can be directors in a company.

  • Can I trademark my logo and name separately? Why is this a good idea?

    Yes you can. The advantage is that it gives you the opportunity to have more than one logo or the opportunity to change your logo easily as opposed to registering the name and the logo as one trademark.

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