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Trademark14 June 2026 9 min readBy Taxpex Editorial
Trademark vs Copyright — What's the Difference?
Trademark and copyright protect different things. Use this guide to understand which one (or both) your brand needs in 2026.
Trademark and copyright protect different things. Use this guide to understand which one (or both) your brand needs in 2026.
Trademark and copyright are the two most commonly confused intellectual property rights in India. Both protect creative work — but they protect very different things, under different laws, with different validity periods.
| Parameter | Trademark | Copyright |
|---|---|---|
| Protects | Brand identifiers | Original creative works |
| Governing law | Trade Marks Act, 1999 | Copyright Act, 1957 |
| Authority | Trade Marks Registry, IP India | Copyright Office, India |
| Symbol | ™ / ® | © |
| Validity | 10 years, renewable forever | Lifetime of author + 60 years |
| Govt. fee | ₹4,500 / class (indiv/MSME) | ₹500 – ₹5,000 per work |
| Mandatory registration? | Recommended (rights only on registration) | Optional (rights exist on creation) |
| Example | 'Apple' the brand | Apple's marketing video |
A logo is creative artwork and a brand identifier — meaning it is eligible for both copyright and trademark protection. Best practice: register copyright in the artistic work and trademark for its use as a brand mark.
If your logo was designed by an agency or freelancer, ensure copyright is assigned to your business in writing — otherwise the designer owns it.
| Asset | Protected by |
|---|---|
| The word 'Taxpex' | Trademark |
| The Taxpex logo | Trademark + Copyright |
| A Taxpex blog article | Copyright |
| A Taxpex training video | Copyright |
| The Taxpex tagline | Trademark |
| The Taxpex website design | Copyright |
If you're building a brand, file the trademark first — it's the front door of your business and the most valuable to protect. Copyright in marketing collateral is automatic the moment you create it; formal registration is mostly evidentiary.
Yes, ideally. Trademark protects the brand name and logo; copyright protects your creative content (videos, blogs, designs).
No — names are not copyrightable. Names are protected only under trademark law.
No — copyright exists automatically the moment a work is created. Registration is recommended only as evidence in disputes.
Senior contributor at Taxpex Consultancy. Reviewed by a practising Chartered Accountant. Published on 14 June 2026 · Updated on 14 June 2026.
Trademark & IP — done for you by Taxpex
Prefer a CA to handle this end to end? Trademark Registration is our dedicated, fixed-fee service — this guide explains the process, that page gets it filed.
Go to Trademark RegistrationEverything an Indian founder needs to register a brand name, logo or tagline in 2026 — eligibility, process, costs, classes, timelines and post-registration management.
18 June 2026 · 12 minA plain-English guide to the Nice Classification — what each trademark class covers, with real-world examples and how to pick the right one for your business.
16 June 2026 · 10 minThe real cost of trademark registration in India — government fees, professional charges, examination reply costs, renewal and the hidden costs of skipping the process.
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