For law students in India, understanding the distinction between copyright and trademark is essential for grasping the fundamentals of Intellectual Property (IP) law. Both these forms of IP protection serve to safeguard creators’ and businesses’ interests, but they operate in distinctly different legal realms, covering different subject matters and serving different purposes.

This article explores the key differences between copyright and trademark under Indian law, discusses the relevant statutes, and examines landmark case laws that illustrate their scope and application.

1. Conceptual Overview

Aspect	Copyright	Trademark
Purpose	Protects original creative expressions	Protects brand identity and source distinguishing marks
Subject Matter	Literary, dramatic, musical, artistic works, films	Words, logos, slogans, shapes, sounds, colors used to identify goods/services
Legal Statute	Copyright Act, 1957	Trade Marks Act, 1999
Nature	Protects form of expression, not ideas	Protects sign/mark used in trade to indicate origin
Ownership	Author/creator or employer (if work done in course)	Owner of the mark, can be a business entity or individual
Duration	Life of author + 60 years	Initial 10 years, renewable indefinitely
Registration	Automatic on creation, registration optional	Requires registration for full statutory protection

2. Purpose and Function

Copyright grants creators exclusive rights over their original works to incentivize creation of literature, art, music, films, and software, allowing them to control reproduction, adaptation, distribution, and public display.

Trademark assures consumers about the origin or quality of goods or services, preventing confusion in the marketplace. It protects brand value and goodwill in business and marketing.

3. Subject Matter Details

Copyright Protects:

• Literary works: books, articles, software source code.
• Dramatic, musical and artistic works: plays, compositions, paintings, drawings.
• Cinematograph films and sound recordings.

Trademark Protects:

• Words or phrases (e.g., “Tata”, “Amul”).
• Logos and symbols (e.g., the McDonald’s ‘Golden Arches’).
• Slogans and taglines.
• Shapes and configurations (e.g., Coca-Cola bottle shape).
• Sounds and colors (in specific commercial uses).

4. Acquisition of Rights

Copyright

• Arises automatically on the moment of creation and fixation in tangible form.
• Registration not mandatory but provides prima facie evidence of ownership in disputes.

Trademark

• Created through use in commerce.
• To obtain full statutory protection, registration is required with the Indian Trademark Office.
• Registered trademarks enjoy exclusive statutory rights.

5. Duration and Renewal

• Copyright lasts for the lifetime of the author plus 60 years after their death (Section 22, Copyright Act).
• Trademark registration is valid for 10 years, renewable indefinitely in 10-year increments (Section 25, Trade Marks Act).

6. Infringement & Remedies

Copyright

• Infringement occurs when unauthorized copying or adaptation takes place.
• Remedies include injunctions, damages, account of profits, and criminal sanctions (Sections 55–63, Copyright Act).

Trademark

• Infringement entails unauthorized use of identical or deceptively similar mark on similar goods/services.
• Remedies include injunctions, damages, fines, and imprisonment (Sections 29–112, Trade Marks Act).

7. Key Indian Case Laws

Copyright

• R.G. Anand v. Deluxe Films (1978) 4 SCC 118: Established that copyright does not protect ideas, plots, or themes but protects the unique expression of those ideas.
• Eastern Book Company v. D.B. Modak (2008) 1 SCC 1: Established “modicum of creativity” as the test for originality under Indian law.
• Amarnath Sehgal v. Union of India (2005) 30 PTC 253 (Del): Affirmed moral rights of artists under Section 57, holding artists can prevent mutilation or distortion of their works.

Trademark

• Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd. (2001) 5 SCC 73: Laid down the principles to identify deceptive similarity focusing on holistic consumer perception beyond just phonetic similarity.
• Daimler Benz AG v. Hybo Hindustan Ltd. (1994) PTC 287 (Del): Held protection for well-known marks even in unrelated goods to prevent dilution.
• India TV Independent News Service v. Yashraj Films (2012) Del HC: Though involving copyright principally, intertwined with trademark issues on branding and commercial use.

8. Overlaps and Interplay

Though clearly distinct, copyright and trademark rights often overlap:

• Logos are protectable as artistic works (copyright) and as trademarks.
• Advertising jingles or slogans can attract both copyright and trademark protection.
• Trade dress (look and feel of a product) may have elements protected under both laws.

Courts assess dominant purpose and nature of use to decide applicable IP protection.

9. Practical Implications for Law Students

• Recognize IP type suitable for client protection needs.
• Understand procedural divergences, such as automatic copyright vs. registered trademarks.
• Analyze case law nuances around originality, deceptive similarity, and enforcement standards.
• Advise on strategic use of both rights for comprehensive brand and content protection.

10. Conclusion

Copyright protects the creative expression of authors; trademark safeguards distinctive marks identifying commercial origin. Both are indispensable tools in the intellectual property regime in India, governed by separate statutes and judicial principles. Mastery of their differences empowers future lawyers to assist creators and businesses effectively, safeguarding innovation and commerce.

Key Statutes:

• Copyright Act, 1957
• Trade Marks Act, 1999

Key Case Laws:

• R.G. Anand v. Deluxe Films (1978)
• Eastern Book Company v. D.B. Modak (2008)
• Cadila Health Care v. Cadila Pharmaceuticals (2001)
• Daimler Benz AG v. Hybo Hindustan (1994)
• Amarnath Sehgal v. Union of India (2005)