Introduction

Knowing the difference between trademark, copyright and patent can play a very important role for any Indian creator or business in protecting their intellectual property. Although all three types are considered intellectual property, they relate to different types of creation and knowing which one will give you the most protection in trademark registration is the most essential consideration.

Intellectual property rights play a vital role in innovation, and establishing an explicit and clear vision starts with selecting the appropriate legal protection for your work. Entrepreneurs developing their "brand" or a business identity often will have, as a first important step, a trademark registration. This blog will clarify the purpose, timelines, and procedure for all three to assist you in the journey of legally protecting your created assets.

Definition & Scope

Every category of intellectual property serves a distinct purpose and is governed by its own specific legislation in India.

Trademark: A trademark secures your brand’s identity. It may comprise of a symbol, sign, name, logo, slogan, or even a combination of colors. It differentiates your products or services from others. It is governed by The Trade Marks Act, 1999 and its objective is to guard against deception among consumers and to protect the goodwill of a brand. The successful completion of a trademark registration gives the owner the exclusive right to use that mark in relation to the goods or services. A well-prepared trademark application is the first step toward this protection.
Copyright: Copyright protects original works of authorship once they are fixed in a tangible medium. Copyright covers: literary works (books, software code), artistic works (paintings, photographs, etc.), musical works, sound recordings, and cinematograph films. The Copyright Act, 1957 protects the expression of an idea; not the idea itself. For example, you cannot copyright the idea of a superhero, but you can copyright your specific superhero comic book.
Patent: A patent is used to protect new and useful inventions. For a patent to be granted, the invention must be new, must involve an inventive step and must be capable of industrial application, as set out under The Patents Act, 1970. This provides the inventor with the sole right to prevent others from making, using, selling or importing the patentable invention for a limited period of time. The process for protection begins with a solid patent application.

Protection Duration

There are substantial differences in length of validity for each type of right.

Trademark: A trademark registration is valid for 10 years from the date of the trademark application. It can be renewed indefinitely in every 10 years, making brand protection perpetual as long as the trademark is still in use.
Copyright: In India, copyright protection for most works generally lasts for the lifetime of the author and plus 60 years after their death.
Patent: A patent is only given for a limited time, usually 20 years from the filing date of the patent application, and this cannot be renewed.

Application Process

The process to obtain protection differs for each type of Intellectual Property right.

Trademark: The procedure starts with the trademark search to confirm the mark is distinctive. Thereafter, a trademark application needs to be submitted with the Trademark Registry. The application is subsequently examined, published for opposition, and in the absence of any oppositions, the trademark registration is issued. A complete trademark application is essential for an easy process.
Copyright: Protection is automatic upon the creation of the work. However, it is highly recommended to register the copyright with the Copyright Office, as it serves as public record and prima facie evidence of ownership in court, making it easier for enforcement.
Patent: Obtaining a patent is a complicated process. It involves submitting a detailed patent application to the Indian Patent Office disclosing the invention. The application undergoes a rigorous examination to ensure it meets the stringent requirements of novelty, non-obviousness and industrial applicability prior to grant of patent.

Lawfinity’s Advisory

Selecting the right protection is essential. It’s not uncommon for a single product to be the subject of all three types of protection: a patent for its inventive technology, copyright for its user manual and software code, and trademark registration for its brand name and logo. At Lawfinity, we recommend a comprehensive intellectual property strategy. If you don't properly file a trademark application, your brand could be at risk. We will emphasize the necessity of filing for trademark registration timely in order to secure and establish your brand in the market. Our experts can assist with each and every trademark application so that your intellectual property assets are properly protected, preventing costly disputes and securing your competitive edge. Prioritizing trademark registration should be a key building block of modern business strategy.