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Comparison
Trademark vs Copyright in India: What Protection Does Your Business Need?
Expert Verdict
Register both for complete brand and creative protection
Trademark protects your brand identity (name, logo, slogan) and is registered for 10 years (renewable). Copyright protects original creative works (content, code, art, music) and arises automatically without registration. Both serve different purposes and are not substitutes for each other.
Side-by-Side Comparison
| Factor | Trademark | Copyright |
|---|---|---|
| What it Protects | Brand names, logos, slogans, colours | Original creative works — text, code, art, music, films |
| Registration Required | Yes (recommended) | No — arises automatically on creation |
| Duration | 10 years (renewable indefinitely) | 60 years after death of creator (India) |
| Government Fee | ₹4,500/class (individual) or ₹9,000 (company) | ₹500–₹5,000 depending on work type |
| Governing Law | Trade Marks Act 1999 | Copyright Act 1957 |
| Symbol | ™ (pending) or ® (registered) | © (no registration needed) |
| Common Use Cases | Brand name, product logo, startup name | Website content, software code, artwork, videos |
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Get Free ConsultationWho Should Choose What?
Choose Trademark if you are:
- Protecting your brand name and logo
- Preventing competitors from copying your brand identity
- Building long-term brand value
- Essential for any business with a recognizable name
Choose Copyright if you are:
- Protecting original written content
- Software code and applications
- Creative works: music, art, films, photography
- Marketing materials and branded content
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