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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Trademark refers to any visible sign capable of distinguishing the goods or services of an enterprise from that of another and shall include a stamped or marked container of goods. On the other hand, Copyrights refer to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation (Sec. 172.1 in relation to Sec. 121.1, Intellectual Property Code).
The Intellectual Property Code says –
Trademark refers to any visible sign capable of distinguishing the goods or services of an enterprise from that of another and shall include a stamped or marked container of goods. On the other hand, Copyrights refer to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation (Sec. 172.1 in relation to Sec. 121.1, Intellectual Property Code).
The former must be registered with the Intellectual Property Office while the latter is registered with the National Library. As provided in Section 191 of the Republic Act No. 8293, after the first public dissemination of performance by authority of the copyright owner of a work, there shall, for the purpose of completing the records of the National Library and the Supreme Court Library, within three (3) weeks, be registered and deposited with it, by personal delivery or by registered mail two (2) complete copies or reproductions of the work in such form as the directors of said libraries may prescribe.
Trademarks are protected for 10 years. Copyrights are treated differently. In copyright, the work is protected during the lifetime of the author and for fifty (50) years after his or her death. Copyright protection extends to the expression of particular ideas rather than the ideas themselves||| (Filipino Society of Composers, Authors and Publishers, Inc. v. Anrey, Inc., G.R. No. 233918, [August 9, 2022])
Registration is required in order to acquire rights in a mark except well-known marks. While literary and artistic works are original intellectual creations in the literary and artistic domain protected from the moment of their creation. Thus, the protection of trademark commences upon the issuance of the trademark certificate whereas the copyrights are protected the moment the literary and artistic works are created.
(Section 122 in relation to Section 172.1 of the Intellectual Property Code)
Read also: Give Your Business Its Own Identity: The Essentials of Trademark for SMEs
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