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

  • When are Annual Returns due for filing?

    A company’s first Annual Returns are due for filing after 18 months of its inception, subsequently it should be filed annually as the name implies. The filing dates could differ for each company depending on their financial year end but must be filed not later than 42 days after its Annual General Meeting.

    The Annual Returns for Business Names is due not later than the 30th of June each year except in the year the business was registered.
  • What’s the difference between a business name and an LLC?

    • A business name is a sole proprietorship, usually owned and managed by one individual only. Legally, the sole proprietor and his business are one. It simply means an individual trading with an alias. The sole proprietor is personally liable for all business related obligations.

    • A limited liability company on the other hand is a separate business entity from the individuals that hold its shares and act as directors. Legally, it’s a separate business entity and a person on its own who can transact business, own property separate from its owners and can sue or be sued. 
  • What is a testimonium clause in an agreement?

    This is the part of the agreement where the witness attests to have witnessed the execution of the agreement.
  • What are the product categories available when registering with NAFDAC?

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    You can start renewal 6 months to the date of expiry.
  • What is share capital?

    The share capital in a private limited company is the amount of money invested by its owners in exchange for shares of ownership.
  • What do I need for a trademark search in Nigeria?

    To do a trademark search you will need the name or/and logo (device) of the trademark to be searched and the Class of the trademark that accurately describes it.
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