Difference Between Trademark, Patent & Copyright

The protection of intellectual property is often not noticed by entrepreneurs. Very few entrepreneurs/businessmen or new companies know how important it is to protect their intellectual property in the long term. Therefore, it is essential that an owner of a business, or an inventor, as well as entrepreneurs, fully understand the terms of a registered patent, trademarks, and copyright. Check your trademark application status without any trouble.

Ownership and registration of intellectual property or IP, as it is known in brief, is enormously valuable in the long term. If you know it’s useful; you can decide when you need a patent for your product or copyright for your song. The presence of a patent, trademark or copyright can guarantee that you have all the legal rights to act against another person or entity because they have violated your intellectual property. However, before continuing, you must understand the fundamental differences between the three types of intellectual property.

What is a patent?

The patent is an exclusive right or legal document issued when the invention in question is newly created or innovative and has commercial value. A patent is given for an invention. Patent registration grants the power to prevent other persons from manufacturing, using or selling the product or services without the consent of the owner. A patent can also be licensed as well as sold.

Scope and Benefits of patents.

Patents are rights which are confined to a country or territory. Such as an Indian patent gives the patent owner the right to manufacture and sell his patented products in India. The patent holder can even prevent third parties from importing products into Indian territory if he has the right to an Indian patent. In India, the patent filing process and patent arbitration are governed by The Patents Act of 1970 and The Patents Rules of 2003. The patent application can be filed alone or jointly by several parties including the inventor and the assignee.

The patent is granted for the period of 20 years from the filing date, for which annual fees must be paid each year. If the fees are not paid within the stipulated time, the rights expire. A patent grants protection to an invention for 20 years, but beyond that, it can’t be renewed. A provisional patent lasts a single year. The fee to be paid with the patent application is INR 1600 for a single applicant. It must be understood that a patent does not involve the right to manufacture and sell a particular product. A patent is, in fact, a right to prevent other people from producing, selling or importing a patented product for the duration of the patent.

Why is the patent required?

A patentable invention can be a product as well as any process or method of manufacture and includes the machine and any apparatus. It also applies to software, hardware and pharmaceutical products.

What is a trademark?

A registered trademark is a sign, design, symbol, word or phrase or combination thereof that is used to exchange products or provide services. Identifies the source of products and services and differentiates them from other products and services. It grants the exclusive rights to use a trademark in relation to the product or service — scope and Benefits of a trademark.

The Indian brands are divided into 45 classes, with classes 1 to 34 corresponding to the products or goods and classes 35 to 45 to the services. This categorization creates a hierarchy about brands and what category they belong to. Registration of the logo and slogan requires different registration applications. The registration of the trademark is valid for ten years and can be extended. Trademark registration status can be verified easily. Brand name registration protects your business.

The owner of a registered trademark can be an actual person, or a company or any legal entity.

The registration of a trademark provides legal proof and a public announcement of the ownership of the property. Registered trademarks have a right to use the ® symbol. A trademark retains the exclusive use of the related products or services in the market and prevents other business competitors from using a similar brand or similar text in its brand. The brand registration serves to establish the brand and confidence in the minds of the users. It is possible to do trademark registration online.

Why trademark it is required?

You must register your trademark India if the brand you sell is gaining ground and you can benefit as the sole owner. The reason for quick entry into the trademark registry is simple. If you do not register in time for the name or brand, this could be done in the near future by another person with the same commercial interest. Therefore, you may need to change the name of your brand, which may affect the loyalty of your customers. It is safer to register for brand protection once you start your business. Trademark registration India online is done very easily.

What is copyright?

Copyright is also an instrument for the protection of intellectual property that may be in the form of music, literature, visual works such as paintings or sculptures, books or poems, scripts of films and plays, etc. it disallows anyone else from using copyrighted material.  It does not explicitly require the registration of copyright.

Scope and Benefits of copyright.

The copyright registration grants the author of the dramatic, musical or artistic work the exclusive right to use and transmit its creation by prohibiting it from being reproduced or sold online or offline by anyone other than the author. For a single owner, the term of the copyright is equal to the life of the author plus 60 years, while for a non-owner, copyright can exist up to 60 years from the date of publication of the publication date.

The symbol © is used to protect the authentic works protected by copyright. Registration is not mandatory, but certification shows originality. Copyright registration is required if you expect a violation. The copyright is valid for the duration of the author’s lifetime plus 60 years. The fees for the registration of the copyright depending on the respective work.

Why copyright is required?

You will need a copyright registration if you expect an infringement. That would be in case of authors of books or training manuals, film directors, photographers, and other creative people. However, as mentioned above, copyright can grant authors and creators a legal avenue to combat copy and plagiarism.