How is Trademark Different from Copyright and Patents?
Updated on: Oct 12th, 2021
|
5 min read
Have you ever wondered what “xyz”© All rights reserved or “xyz™” mean?
If such questions come to your mind frequently then you have landed on the right page. Intellectual property, broadly classified under- patents, copyright, trademarks have become an important part in today’s ever-changing environment because of the rapid pace in which technological and scientific changes are witnessed.
We shall have our discussion on the below mentioned topics:
Introduction
Thousands of business ideas crop up in our mind on a daily basis but not each of them is unique or potentially valuable. Your idea itself is not always a intellectual property, but the creation that you can make out of it is an intellectual property too. This can be safeguarded through copyrights, patents or trademarks. These provide safety to the creator of goods and services by granting them certain time-limited rights to control the use of their productions. Scientific discovery, literary and artistic work, designs etc. are some of the examples for intellectual property. Majorly, there are 3 forms of Intellectual property :
Difference between various forms of Intellectual property rights
| PARTICULARS | COPYRIGHT | PATENTS | TRADEMARK |
| Meaning | It is a right given to the creator of literary, dramatic musical and artistic work. The rights here include right of reproduction, adaptation of the work etc. | A patent is also a statutory right granted by the Government for an invention but only for a limited period of time. In this case, the invention cannot be sold, imported, or re-made without the consent of the original inventor. | Various business and product owners file for trademarks. It basically distinguishes a brand name from others in the same field and protects its name, logo, slogan etc. |
| Term of registration | It depends on the type of the work.For example, in case of cinematograph films, photographs the protection is given for a period of 60 years from the year in which the work is made available to the public. In case of literary, musical, or artistic work it extends throughout the lifetime of the author and even further after the author dies. | It is granted for 20 years from the date of filing of application. | It can be registered for a period of 10 years which can further be renewed for a period of 10 years on payment of prescribed fees. |
| Protection covers | Original work of authorship such as books, articles, songs, sound recordings and like. | Inventions such as – particular process, composition involved in making an element. etc. | Any word, symbol or other aspects that distinguishes competitors in the same field from one another. |
| Rights granted | Right to control the reproduction, distribution of the original work. | Right to prevent others from making, selling, or importing the patented invention. | Right to use the mark and preventing others to use the same mark so that the goods or services are distinguished on the basis of the brand. |
| Examples | Operating system such as Microsoft Windows. | Telephone, microwave oven, computer mouse. | McDonalds, Burger King. |
Quick Summary
Intellectual property such as copyrights, patents, and trademarks are essential in safeguarding creations. Copyrights protect literary and artistic works, patents protect inventions, and trademarks distinguish brands. These forms of intellectual property have specific terms of registration and rights granted to creators.
Was this summary helpful?
Clear offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants in India. Clear serves 1.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India.
Efiling Income Tax Returns(ITR) is made easy with Clear platform. Just upload your form 16, claim your deductions and get your acknowledgment number online. You can efile income tax return on your income from salary, house property, capital gains, business & profession and income from other sources. Further you can also file TDS returns, generate Form-16, use our Tax Calculator software, claim HRA, check refund status and generate rent receipts for Income Tax Filing.
CAs, experts and businesses can get GST ready with Clear GST software & certification course. Our GST Software helps CAs, tax experts & business to manage returns & invoices in an easy manner. Our Goods & Services Tax course includes tutorial videos, guides and expert assistance to help you in mastering Goods and Services Tax. Clear can also help you in getting your business registered for Goods & Services Tax Law.
Save taxes with Clear by investing in tax saving mutual funds (ELSS) online. Our experts suggest the best funds and you can get high returns by investing directly or through SIP. Download Black by ClearTax App to file returns from your mobile phone.
Cleartax is a product by Defmacro Software Pvt. Ltd.
Company PolicyTerms of use
ISO 27001
Data Center
SSL Certified Site
128-bit encryption