In the ever-evolving world of intellectual property rights, trademarks and copyrights play pivotal roles in safeguarding creative and innovative works. While these legal protections are often intertwined, they serve distinct purposes.
This article explores the fundamental differences between trademarks and copyrights, shedding light on their unique characteristics and applications.
Also read: What is HaKI in Indonesia?
The Differences between Trademark and Copyright
Here are some key differences between trademark and copyright:
Definition
A trademark is a legally registered symbol, name, or phrase that distinguishes the source of goods or services in the marketplace. It helps consumers identify and choose products or services from a particular company.
Also read: What Is a Trademark: Definition, Types, How to Register
Copyright, on the other hand, is a legal protection granted to the creators of original literary, artistic, and intellectual works. It gives creators exclusive rights to their work, preventing others from reproducing, distributing, or adapting it without permission.
Scope of Protection
Trademarks protect symbols, names, or phrases that identify goods or services. Copyrights safeguard creative, artistic, and intellectual creations that are original.
Duration of Rights
Trademarks have the potential for indefinite renewal, provided they remain in active use. Copyrights typically last for the creator’s lifetime plus 70 years.
Registration Process
Trademarks require registration with the government or an equivalent agency in other countries. Meanwhile, copyrights are automatically granted upon the creation of the work.
Infringement and Enforcement
Trademark infringement occurs when a similar mark is used in a way that could confuse consumers. Copyright infringement involves the unauthorized reproduction, distribution, or adaptation of a copyrighted work.
Use Cases
Trademarks are commonly used by businesses to protect their brand names, logos, and slogans. Copyrights are utilized by authors, artists, and creators to protect their books, music, artwork, and other original creations.
Benefits
Benefits of Trademarks: brand recognition, exclusive rights, marketplace trust
Benefits of Copyrights: creative control, financial rewards, legal recourse
Also read: The Importance of Registering Intellectual Property Rights (HaKI)
Trademark vs. Copyright: Real-world Examples
To exemplify the distinctions, take the following instances into account:
- A company’s logo is protected by a trademark, ensuring that it remains unique and recognizable.
- A bestselling novel is protected by copyright, preventing others from publishing or adapting it without the author’s permission.
Also read: Do I Need to Register My Trademark in Every Country?
Trademark vs Copyright in Indonesia
Trademarks are registered with the Directorate General of Intellectual Property of Indonesia (the “DGIP”), while copyrights are protected automatically. Trademarks are protected for 10 years from the filing date of the application and can be renewed indefinitely, while copyrights are protected for the life of the author plus 70 years.
The owner of a registered trademark has the exclusive right to use the trademark in Indonesia in connection with the goods or services for which it is registered, while the owner of a copyright has the exclusive right to reproduce, distribute, perform, display, and create derivative works of the copyrighted work.
Also read: Trademark Regulation in Indonesia
Trademarks and copyrights are important tools for protecting intellectual property in Indonesia. Businesses and individuals should carefully consider which type of intellectual property protection is right for them and should take steps to protect their intellectual property rights.
Determining whether you need a trademark or a copyright depends on your specific situation. If you are protecting a brand or business identity, a trademark is essential.
However, the trademark registration process can be complex and time-consuming. For a simpler process, you can rely on InvestinAsia’s services for trademark registration in Indonesia. Our team of experts will ensure that the application is hassle-free for you.
