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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  • 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.

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  • Why do I need a trademark?

    You need to register your trademark because if you don’t register it, someone else can! It helps identify you as the source ad indicates a consistent level of quality of your products and services. Securing a registered trademark protects your brand, and provides you with tools to prevent someone else from using similar signs and riding off the back of your business.

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