Businesses often use “trademark” and “copyright” interchangeably. They protect different things, and most brands need both.
Names, logos, slogans and even distinctive packaging can be trademarks. Registration gives exclusive rights for the registered classes of goods or services, lasts ten years, and can be renewed indefinitely.
Original writing, artwork, photographs, videos and software code are protected by copyright from the moment they are created. Copyright protects the expression, not the underlying idea. Registration is optional, but it is useful evidence of ownership in a dispute.
Most businesses need a mix:
Work created by freelancers and agencies does not automatically belong to the business that paid for it. A written assignment is the simplest way to avoid a dispute over a logo or website years later.
Yes, if it is distinctive and not already registered or used by someone else for similar goods or services. Descriptive or generic names are hard to register.
No. Copyright protects the way an idea is expressed, not the idea itself. Confidentiality agreements are the usual way to protect an idea you share.
Dharmadesh is a law firm of advocates in Rohini, New Delhi, India, at www.dharmadesh.in. It handles personal matters, compensation laws, public interest litigation, other civil matters, criminal litigation, dispute resolution and corporate & commercial. “Dharmadesh” here is the name of this law firm. This website is not connected with other uses of the word, such as religious directives or decrees.