overlap between copyright & trademark
TRANSCRIPT
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
OVERLAP BETWEEN
COPYRIGT & TRADEMARK
SHILPA
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
What’s the difference between a trademark and copyright?
Sometimes it’s hard to tell whether you need a trademark or
copyright. And the truth is that they overlap and can even be
part of the same product. This can happen because they each
offer different types of legal protection.
For example, a T-shirt with a print on it could be covered by
trademark and copyright at the same time. Trademark protects
the brand or logo on the t-shirt. The print is protected by
copyright.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
It’s common for trademark and copyright coverage to overlap.
This happens frequently… on books, websites, CD’s. On these
products, trademark protects the brand or logo of the company
or publisher and copyright protects the text, music and other
original content.
In the world of trademarks and copyrights they often overlap
and are used on the same product.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
TRADEMARK: Trademark is a mark capable of being represented
graphically and which is capable of distinguishing the goods or
services of one person from those of others. The function of trademark
is identification of source, quality and act as an advertising symbol.
Registration of Trademark is not mandatory. Rights acquired in a
trademark are merely by using it. However, registration of trademark
under the act crystallizes the rights of owner. Registration helps prevent
piracy or duplication of the mark. A trademark gets protection for a
limited period (usually 10yrs) from the date of registration. However, it
can be renewed forever as long as they are being used.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
COPYRIGHT: Copyright is a bundle of exclusive rights vested in
the author/owner/creator to do or authorize others do certain acts in
relation to their works. Copyrights protect the expression of the
idea but not the idea itself. Its only when the expression is in some
tangible form and original, it gets protected.
There is no need to register copyright. However, there are
certain advantages to do so. Registration creates a presumption of
ownership and a presumption that copyright subsists in the work. It
is also a deemed notice to the potential infringer.
Cont…
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
Trademark rights don't prevent the reproduction of a trademark, but they
do prevent someone from using a trademark in a way that would lead
consumers to believe the good they were buying came from somewhere it
did not. Trademarks and copyright sometimes co-exist in the same work.
For example, suppose a company creates a stylish logo to promote its
products. The company owns a copyright in the logo, and (assuming the
logo meets the standards for trademark protection) could own a trademark
in the logo as well. The copyright prevents someone else from reproducing
the logo, while the trademark rights prevent any use of the logo in the
marketplace that may confuse consumers as to the origin of goods.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
Both copyrights and trademarks can be
licensed. Copyright licenses allow the
licensee to distribute the work. It may or
may not be for profit. There are several
types of copyright licenses, each with
their own conditions and restrictions on
what the licensee is allowed to do.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
Logos are one of those spaces of intellectual
property law where there is a great deal of overlap
between two areas, in this case copyright and
trademark are known for using both to protect their
logos from undesired use. They qualify for
trademark protection. However, if they are artistic
enough then qualify for copyright protection also.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
The overlap between trademarks and other intellectual property
rights is everywhere—whether in registration, enforcement or
commercialization.
For example: A product design can be protected as a two- or three-
dimensional mark, trade dress, design patent, registered design,
unregistered design or a work of applied art under copyright law.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
An artistic work can be registered as a trademark, whether or not it is
protected under copyright law.
A geographical indication can be registered as such or protected as a
collective or certification mark, under passing off or unfair
competition law.
A trademark can be subject to unfair competition law, comparative
advertising statutes or consumer protection laws. A trademark, as used
in blogs and social media, can involve rights of privacy and rights of
publicity.
Cont…
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
Design
Books
Slogans
We bsites
Clothing
Software
Advertisement
Brand
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
Apple Computer has obtained trademark
protection for both the two dimensional shape of its
iPod (U.S. Trademark Reg. No. 3,341,214) and the
three dimensional shape of its iPod (U.S.
Trademark Reg. No. 3,365,816) as shown below. A
trademark registration is pending for the two
dimensional shape of its iPad (U.S. Trademark Reg.
Serial No. 85,025,647 (filed April 28, 2010)) as
shown below.
Example
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
illustration
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
The overlap between trademarks and other intellectual
property rights is everywhere—whether in registration,
enforcement or commercialization. It is essential that trademark
and other IP practitioners have a solid understanding of the
many opportunities and pitfalls of intersecting rights. The
intersection of these rights also raises fundamental questions
about the nature of trademark law and its relationship to the
other areas of IP protection, and how policy should best
address these overlaps.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
Thank you