INTRODUCTION
In the world of intellectual property (IP), three terms often come up—trademark, patent, and copyright. While they all relate to protecting creations of the mind, they serve very different legal purposes. Whether you’re a business owner, an inventor, or a content creator, understanding the difference is crucial to protecting your rights and avoiding legal disputes.
This blog explains each of these forms of IP, their legal provisions under Indian law, and how they differ in scope and application.
WHAT IS A TRADEMARK?
A trademark is a mark or symbol used to represent a business or product and distinguish it from competitors. It can be a word, logo, phrase, color combination, sound, or even the shape of goods.
- Legal Framework: Trademarks are governed by the Trade Marks Act, 1999. According to Section 2(1)(zb) of the Act, a trademark must be capable of graphical representation and must distinguish the goods or services of one person from those of others.
- Purpose: Protects brand identity
- Examples: Nike swoosh, Coca-Cola logo, the sound of the Nokia tune
- Duration: Registered trademarks are valid for 10 years and can be renewed indefinitely
- Symbols Used: ™ (for unregistered trademarks), ® (for registered trademarks)
WHAT IS A PATENT?
A patent protects new inventions that are novel, involve an inventive step, and are capable of industrial application. It gives the inventor exclusive rights to use, make, sell, and license the invention for a certain period.
- Legal Framework: Patents are governed by the Patents Act, 1970, as amended in 2005. Section 2(1)(j) defines an invention as a new product or process involving an inventive step and capable of industrial application.
- Purpose: Protects functional inventions or technical solutions
- Examples: Pharmaceutical drugs, new machinery, innovative manufacturing processes
- Duration: Patents are granted for 20 years from the date of filing and are non-renewable
WHAT IS A COPYRIGHT?
Copyright protects original literary, artistic, musical, and dramatic works, including books, films, software code, music, and paintings. It gives creators the exclusive right to use, reproduce, adapt, and distribute their works.
- Legal Framework: Copyright is governed by the Copyright Act, 1957. Section 14 of the Act outlines the exclusive rights granted to the creator, including the rights to reproduce, publish, adapt, and perform the work.
- Purpose: Protects expression of ideas and creativity
- Examples: Novels, movies, paintings, software codes, songs
- Duration: Generally valid for the lifetime of the author plus 60 years
KEY DIFFERENCES
- While all three fall under intellectual property rights, here’s how they differ:
- Trademark protects brand identity such as names, logos, and slogans.
- Patent protects inventions that are new, useful, and non-obvious.
- Copyright protects the creative expression of ideas in the form of books, music, films, or artworks.
Trademarks can be renewed indefinitely, patents expire after 20 years, and copyrights usually last the lifetime of the author plus 60 years. Moreover, trademarks and patents must be registered to be enforced, whereas copyright protection is automatic upon creation.
FAQs
Q1. Can a single product be protected by trademark, patent, and copyright?
Yes. For example, a smartphone brand can have a trademarked logo, patented technology, and copyrighted software and packaging design.
Q2. Do all forms of IP require registration?
Trademarks and patents must be registered to enforce legal rights. Copyright, however, is automatically granted once the work is created, although registration is recommended for stronger legal standing.
Q3. Can software be patented in India?
Generally, software cannot be patented unless it has a technical application or is integrated with hardware. Pure software algorithms are not patentable.
Q4. What does the © symbol represent?
It signifies copyright ownership, usually seen on books, films, and digital content.
Q5. Can two businesses have the same trademark name?
Not if they are in the same industry or cause consumer confusion. Trademark law aims to prevent such conflicts.
CONCLUSION
Understanding the difference between trademark, patent, and copyright is essential in protecting various aspects of intellectual property. Trademarks guard your brand, patents secure your innovations, and copyright preserves your creative expressions. Whether you are launching a business, writing a book, or inventing a new product, securing the appropriate IP rights under Indian law ensures that your work is legally protected from misuse, imitation, or theft.
If you’re unsure which protection applies to your creation, consulting an intellectual property expert can help you take the right legal steps.