Where does “COPYRIGHT” end AND “TRADEMARK” Begin?
Ownership is the keystone of IPR. Copyright only protects the tangible expression of an idea and not the idea itself. While trademarks occur in the market through branding to help consumers distinguish one product from another, copyright law provides creative content copyright protection. Copyright and trademark laws are not the same, despite some overlap in certain situations, particularly in connection with logos, brand designs or other creative aspects tied to a brand. The confusion between copyright and trademark arises becausethe same subject matter can attract different protections for different reasons
This article aims to clearly explain, in practical terms,where copyright protection ends and where trademark protection begins, with the objective of reducing end‑user confusion and helping businesses make informed IP decisions.
At the most basic level, the distinction lies in purpose. Copyright law exists to protect creative expression. It safeguards the manner in which ideas are expressed, provided that such expression is original and fixed in a tangible form. Literary works, artistic works, musical compositions, films, software, illustrations, and written content all fall within its scope. Copyright rewards creativity and prevents unauthorized copying of expression. The central question in a copyright dispute is simple: has a substantial part of the original work been copied?
Trademark law, by contrast, is not concerned with creativity or expression. Its focus is commercial. Trademarks protect signs that distinguish the goods or services of one business from those of another. Brand names, logos, slogans, product names, packaging, shapes, and even colour combinations can function as trademarks if they are capable of identifying commercial origin. The underlying goal of trademark law is to prevent consumer confusion and protect goodwill. Accordingly, the key question in trademark infringement is whether the impugned use is likely to cause confusion as to the source of goods or services.
The boundary between copyright and trademark is therefore determined not by what the work looks like, but by how it is used. A creative work may initially qualify for copyright protection, but once it is used primarily as a source identifier in the course of trade, trademark law becomes the more appropriate legal framework. In simple terms, when a work communicates creativity or information, copyright applies. When the same work communicates brand identity or commercial origin, trademark protection begins to operate.
This functional distinction becomes particularly important in cases involving logos, labels, and packaging. A logo, for instance, may be protected under copyright as an artistic work because of its original design. At the same time, when that logo is used on products or marketing material to identify the business, it functions as a trademark. In such cases, copyright protects the artistic expression of the logo, while trademark law protects its role as a badge of origin. Consequently, infringement may occur in two distinct ways: copyright may be infringed by copying the artwork, while trademark rights may be infringed by using a confusingly similar mark, even if the artwork itself is independently created.
Copyright protection reaches its practical limits when the dispute shifts away from copying and towards market confusion. Where the grievance relates to passing off, dilution of brand value, or misrepresentation in trade, copyright law offers limited remedies. Indian courts have repeatedly emphasized that copyright cannot be used as a tool to monopolise a trademark or secure perpetual protection over a commercial identifier. Once a work acquires a trademark character through consistent and prominent use in commerce, enforcement must be sought primarily under the Trade Marks Act, 1999.
Trademark protection begins the moment a sign is used in the course of trade to distinguish goods or services and when consumers start associating that sign with a particular source. Importantly, trademarks do not need to be artistically complex. Even simple words, shapes, or non‑creative elements can function as trademarks if they have acquired distinctiveness. Unlike copyright, trademark protection can potentially last indefinitely, provided the mark is used continuously and renewed periodically. This reflects the fact that trademark law protects goodwill, not creativity.
For businesses and creators trying to navigate this overlap, certain practical tests can help determine the correct form of protection. The purpose test asks whether the work is meant to express creativity or identify commercial origin. The consumer perception test examines whether the public views the work as content or as a brand identifier. The duration test highlights that copyright protection is time‑bound, whereas trademark protection is renewable and potentially perpetual. Applying these tests early can prevent costly legal errors later.
Under Indian law, copyright is governed by the Copyright Act, 1957, while trademarks fall under the Trade Marks Act, 1999. Courts consistently prioritise use in trade, likelihood of confusion, and distinctiveness when adjudicating trademark disputes. Where a work functions predominantly as a trademark, protection and enforcement must align with trademark principles, even if the work also qualifies as an artistic creation. In conclusion, the confusion between copyright and trademark arises because the same subject matter can attract different protections for different legal reasons. However, the distinction is clear and functional. Copyright protects creative expression, while trademark protects commercial identity. Understanding where one right ends and the other begins allows rights holders to choose the correct registration strategy, enforce their rights effectively, and, most importantly, reduce confusion in the marketplace.