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January 6, 2022
All About Copyright vs Trademark vs Patent
Table of Content
Introduction on Copyright vs Trademark vs Patent
Patents, copyrights, and trademarks are all sorts of intellectual property rights that provide the inventor a limited-time exclusive right to utilize his or her mind work. Entrepreneurs looking to register intellectual property must understand the differences between the Copyright, Trademark, and Patent registrations and secure the appropriate registrations to protect their intellectual property. Copyright vs Trademark vs Patent will be described in this blog.
What is a Copyright?
Creators of literary, musical, dramatic, and aesthetic works, as well as sound recordings and makers of cinematography films, have a legal claim to Copyright. Brands and names, short phrases, brief word combinations, procedures, stories, factual information, and slogans are not protected by copyright. Concepts and Ideas are not protected by copyright. As a result, copyright is primarily employed to protect the work of writers, designers, artists, musicians, dramatists, architects, computer software and makers of sound recordings, films.
What is a Trademark?
A trademark is a visible symbol that can be a word signature, a device, a label, a name, numerals, or a combination of colors that is used by one enterprise on services, goods, or other items of commerce to differentiate it from similar services or goods from another endeavor. As a result, trademarks are commonly used to protect company names, brand names, slogans, and others.
What is a Patent?
A patent is a legal privilege that grants the Patentee exclusive ownership of an invention for a set period. By patenting an innovation, the patentee gains control over the manufacture, use, sale, and import of the patented product or method without his or her approval. In India, a patent can be applied to a new product or technique that involves an innovative step and is capable of industrial use.
Difference between three Intellectual properties: Copyright Vs Trademark Vs Patent
Trademark |
Copyright |
Patent |
By renewing the trademark every ten years, the trademark’s validity can be extended indefinitely. |
Valid for the author’s lifetime plus 60 years after her or his death. |
Validity for a period of 20 years, beginning on the day the application is submitted. |
Trademarks are commonly used to protect company names, brand names, slogans, and other similar items. |
As stated earlier, copyright is primarily employed to protect the work of writers, designers, artists, musicians, dramatists, architects, computer software, and makers of sound recordings, films. |
A patent can be applied to a new product or technique that involves an innovative step and is capable of industrial use. |
Trademark Governed under the Trademarks Act, 1999. |
Copyright Governed under the Copyright Act, 1957. |
Patent Governed under the Patent Act, 1970. |
A trademark search is required for Trademark registration. |
At the time of copyright, there is no requirement for the provisional application. |
For a patent, a provisional application is required, and it gives 12 months time period to file a complete specification. |
For example McDonald’s |
Example: Microsoft Windows |
For example Computer |
Conclusion
People’s awareness of intellectual property rules has risen dramatically over the years. Almost every business interacts with IP rights, which must be protected in order to protect a company’s valuable enterprise assets. From a company’s brand name to any inventions it has made to the website it owns, patents, trademarks, and copyrights not only protect the rights, but they also act as an incentive for better creative expression and are a major motivator for people to invest in research and development projects all over the world.
Intellectual property is a wealth-creating machine that grants an individual or firm legal ownership while also projecting a trustworthy image. Today, every business relies on intellectual property rights, and many companies spend millions of dollars to protect their intellectual property.
Internantional Trademark Registration
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