Trademark vs Copyright in India: What Each Protects, Duration and Registration
Trademark vs copyright in India: brand names and logos vs creative works, 10-year renewable vs life plus 60 years, and when you need both.
Short answer
A trademark protects brand identifiers such as names, logos and slogans used for goods or services, and lasts 10 years at a time, renewable indefinitely. Copyright protects original creative works such as text, art, software and music, arises automatically on creation, and generally lasts for the author's life plus 60 years. A logo often needs both protections.
- Trademark law
- Trade Marks Act 1999
- Copyright law
- Copyright Act 1957
- Trademark term
- 10 years, renewable
- Copyright term
- Generally life of author plus 60 years
- Trademark filing fee
- ₹4,500 per class (individuals, startups, small enterprises) or ₹9,000
- Copyright registration
- Optional but useful as evidence
What does each protect?
A trademark protects signs that distinguish your goods or services from others: a brand name, logo, tagline, shape, colour combination or sound. Protection is tied to the classes of goods or services for which it is used or registered. Its purpose is to stop confusion among customers.
Copyright protects the expression of ideas in original literary, dramatic, musical and artistic works, cinematograph films, sound recordings and computer programs. It does not protect names, titles or short slogans, and it does not protect the underlying idea, only its expression.
Side-by-side comparison
The table compares the two rights on the points that matter to businesses building a brand and creating content. Fees are official government fees for e-filing and exclude professional charges.
| Factor | Trademark | Copyright |
|---|---|---|
| Protects | Brand names, logos, slogans, trade dress | Original creative works and software |
| Arises by | Use and registration | Creation, automatically |
| Registration | Optional but strongly advised | Optional, evidentiary value |
| Authority | Registrar of Trade Marks | Registrar of Copyrights |
| Term | 10 years, renewable indefinitely | Generally life plus 60 years |
| Scope | Limited to registered classes | All forms of reproduction of the work |
| Infringement test | Likelihood of confusion | Substantial copying |
| Symbol | ® only after registration; TM anytime | © can be used without registration |
| Official fee | ₹4,500 or ₹9,000 per class | Varies by category of work |
Why does a logo need both?
A logo is an artistic work, so the designer owns copyright in it when created unless it is assigned in writing. It is also a trademark once used for your goods or services. If you register the logo as a trademark but never take a written copyright assignment from the agency or freelancer who designed it, the designer may still own the copyright.
Take a written assignment of copyright from the creator, then file a trademark application for the logo in the relevant classes. Registering the copyright in the artwork is optional but can help in disputes and in trademark oppositions.
What does registration cost and take?
A trademark application in Form TM-A costs ₹4,500 per class for individuals, startups and small enterprises filing online, and ₹9,000 per class for others. Renewal every 10 years costs ₹9,000 per class online. Examination, objections and possible opposition can take months to resolve.
Copyright registration is filed online with the Copyright Office, with fees varying by the type of work, and there is a mandatory waiting period for objections before the application is examined.
Which should you choose?
Most businesses need a trademark for their brand and copyright for their content. These rules help decide what to protect and file first when the budget for intellectual property is limited.
- Brand name, product name or tagline: trademark.
- Website copy, photos, software code, course material: copyright, registered if valuable.
- Logo created by an agency: written copyright assignment plus trademark registration.
- Book, film or music: copyright for the work; trademark for a series title or brand.
- Limited budget: file the trademark for your main brand first, since names are the most copied asset.
Related services
Sources
- Trademark registration fees in India, First Schedule to Trade Marks Rules 2017 (Intepat)
- Trademark registration in India: complete guide (Legal Suvidha)
Written by the Refogo Editorial Team from the official sources above and checked on 2026-10-31. Laws, rates and due dates change, and authorities often extend deadlines, so confirm your own case with a qualified professional. This is general information, not legal or tax advice. Read our editorial policy or report an error to support@refogo.com.
Common questions
Can I copyright a business name?
No. Names, titles and short phrases are not protected by copyright. Protect a business name with a trademark registration in the relevant classes.
Do I need to register copyright to own it?
No. Copyright exists from the moment an original work is created. Registration serves as prima facie evidence in court, which helps in disputes.
Can I use the ® symbol after filing a trademark application?
No. The ® symbol may be used only after registration. Using it falsely is an offence. Use TM while the application is pending.
How long does trademark protection last?
Ten years from the date of application, renewable for further 10-year periods indefinitely on payment of the renewal fee.