Post Details

• Nayan Chauhan
• 08-08-2024

Difference Between Trademark, Copyright, and Patent - All the Details in 5 Minutes

Difference Between Trademark, Copyright, and Patent: Everything in 5 Minutes

Knowing the differences between trademarks, copyrights, and patents in intellectual property helps to protect creations, innovations, and brand identity. The legal protections mentioned above are granted with a different purpose and works. The post presents a detailed explanation of the differences among these three forms of intellectual property, how they work, and the importance of having them.

What is a Trademark?

A trademark is a distinctive sign, symbol, or indicator which an individual or organization uses to identify and distinguish his/her goods or services from others. It is almost like a badge of origin that helps consumers recognize and select the goods or services based on the reputation of that particular brand.

Key Features:

Purpose: This protects brand names, logos, slogans.

Governing Law: Trademarks Act, 1999 in India.

- Term: 10 years, indefinitely renewable.

- Examples: Apple's logo, Coca-Cola's name, Nike's swoosh.

Advantages:

- Brand Protection: It prevents others from using a mark that is likely to confuse the consumers.

- Brand Reputation: Develops and protects the brand name, reputation, and customer trust.

- Exclusive Rights: The trademark registrant gets exclusive rights to use the trademark in commerce.

- Legal Recourse: A chance for the owner of the trademark to sue for infringement.

What is Copyright?

Copyright is a legal right that grants the creator of original works exclusive rights to its use and distribution. The whole purpose of copyright is to protect ideas expressed by protecting a creator's control and the ability to profit from his or her intellectual investment. Key features are as follows: • Purpose: This provision safeguards the works created in literary, dramatic, musical, and artistic domains. • Act governing the Law : In the context of India, the Copyright Act of 1957 would apply. • Duration: The lifetime of the author plus 60 years • Examples : Books, movies, music, paintings, software Benefits:

- Exclusive Rights: Grantees creator the exclusive rights to reproduce, distribute, perform and display the work.

- Incentive for Creation: The need to create more works is fostered by the assurance that creators are allowed control over and can benefit from their works.

- Legal Protection: Offers a legal framework which will prevent unauthorized use or reproduction.

 

What is a Patent?

A patent is a right over an invention that concerns a product or a process giving a new way of doing something or offering a new technical solution for a particular problem. It confers on the patentee the right to exclude others from making, using, selling, or importing an invention for a certain period of time.

Key Features:

- Purpose: Inventions and Discoveries.

Governing Law: Patents Act of 1970 in India

Duration: 20 years from the filing date

Examples: Pharmaceutical drugs, new machinery, technological processes

Benefits:

- Exclusive Rights: Provides the patent applicant with the exclusive rights to make, use, sell, and import the invention.

- Encourages Innovation: Encourages innovation by protecting the work of the inventor from unauthorized use.

- Monetary Gains: The patent applicant can license it or sell the invention to reap financial benefits.

- Open Publishing: Publishes inventions in the public domain, thus contributing to technological knowledge.

Differences

Extent of Protection:

- Trademarks: Protection to brand identity through logos, names, and slogans.

- Copyrights: Protection given to creative works such as literature, music, and art.

- Patents: Protection of invention and new processes.

Legal Provisions:

- Trademarks: Governed by the Trademark Act, 1999.

- Copyrights: Governed by the Copyright Act, 1957.

- Patents: Governed by the Patents Act, 1970.

Procedure for Registration:

- Trademarks: An application to the trademark office is required with a search to make sure that no identical or confusingly similar marks are in issue.

- Copyrights: Automatically obtained upon creation and fixation of the work in a tangible medium.

- Patents: A detailed application outlining the claims and invention descriptions with an examination by the patent office.

Duration:

- Trademarks: 10 years, renewable indefinitely.

- Copyrights: During the lifetime of the author and 60 years after the death of the author.

- Patents: 20 years from the filing date.

Practical Examples

Trademarks:

Logos and slogans: Nike's "Just Do It" and the swoosh logo.

Protection: No other business can use any similar slogan or logo that can mislead the consumers, leading to confusion.

Copyrights:

Example: J.K. Rowling's books "Harry Potter."

Protection: She is entitled to an exclusive right for reproducing and distributing it, its adaptation to movies, merchandise, and other memorabilia.

Patents:

Example: Pfizer for the COVID-19 vaccine patent.

- Protection: It gives Pfizer an absolute right to produce and sell the vaccine and forbids others from manufacturing a similar vaccine without authority.

Complex Comparison

Trademarks

Function:

Trademarks indicate the source of goods or services and serve the purpose of protecting the brand reputation, avoiding confusion among consumers. Words, phrases, symbols, designs, or any combination may be registered as trademarks.

Search and Registration Process:

- Search: A trademark search is necessary to be certain that the mark is unique.

- Application: An application is filed with the trademark office.

- Examination: The trademark office examines the application for compliance

- Publication: The mark is published in a trademark journal

- Opposition: A period is allowed for others to oppose the registration

- Registration: If no opposition, the mark is registered

Renewal:

Trademarks can be renewed indefinitely every 10 years, provided they continue to be used in commerce

Copyrights

Function:

Ideas that are or have been put into a fixed medium are protected by copyright. The creator is granted the exclusive rights to reproduce, distribute, display, and perform the work.

Automatic Protection:

The protection of copyright is automatic as soon as the work is created and fixed in a tangible form. This means that registration is not mandatorily required, but very useful for dispute cases in court.

Rights Granted:

- Reproduction: Right to make copies of the work.

Distribution: selling or distributing copies.

Public Performance: Performing publicly.

Public Display: Displaying publicly

Derivative Works: To adapt or produce other works from the original work.

Patents

Function:

The function of the patents is to protect new and useful inventions and protect the exclusive rights for an inventor to make, use, and sell an invention without infringing on others' rights.

Types of Patents:

Utility Patents: New and useful processes, machines, or compositions of matter.

Design Patents: New, original, and ornamental designs for an article of manufacture.

Plant Patents: New and distinct plant varieties.

Application Process:

Provisional Application: Provides for a lower-cost first patent filing in the United States and gives the inventor 12 months to file a non-provisional application.

- Non-Provisional Application: A detailed description of the invention, claims that define the scope of the invention, and necessary drawings.

- Examination: The application is examined by the patent office on the grounds of novelty and non-obviousness.

- Grant: Upon approval, the patent gets granted, and exclusive rights are granted to the inventor.

Public Disclosure:

In return for the protection of the patent, the inventor must describe the details of the invention to the public domain, thus contributing to the advancement of technology.

Key Points to Remember

Trademarks are important to brand identity since they ensure consumer recognition and prevent dilution of the brand. Copyrights preserve creative expressions, hence ensuring the creator controls and reaps from the work. Patents encourage innovation by protecting new inventions from imitators and providing them with exclusive rights to their inventor.

Conclusion

What creates a trademark from a copyright or a patent, or vice versa, differs. Every creator or manager of intellectual property needs to know the difference between trademarks, copyrights, and patents. The purposes of the various protections differ and thus have different advantages to ensure that the different aspects of intellectual property are well-protected.

In case of any difficulty pertaining to the registration of intellectual property, Vakilsearch happens to be one place where absolute trademark, copyright, and patent services would be available. Now, protect your intellectual property by setting up the appropriate legally feasible framework for these creations and innovations.