Trademark vs. Copyright vs. Patent: What’s the Difference?

Ideas, creativity, and innovations are valued commodities in the world today just like tangible property. It doesn’t matter if it is a company’s logo, musical album or a new invention, everyone needs protection from misuse of those intelligible products. Indian law recognizes three types of protection under Intellectual Property Rights (IPR); Trademark, Copyright, and Patent. All three protect different things. For example, a trade mark protects your brand, copyright protects your creative work and patent protects a new invention. 

It is vital to understand the differences between the three types of protection for not only lawyers and businesses but also for anyone who creates, innovates or invests in original works.

Understanding Intellectual Property Rights (IPR) in India

Disregarding the worth and value of Intellectual Property Rights (IPR) means disregarding the potential and the prospects that are inherent to Intellectual Property. In essence, IPR is a term that describes the legal rights that are owned by individuals in relation to the creations of their intellect. IPR represents the legal rights that society acknowledges and gives to a creator or inventor, to control and exclusively use the creations of their intellect. As land, property or a car is a physical thing, Intellectual Property is an abstract thing. Intellectual Property includes the ideas, designs, compositions of art, symbols, brands or inventions themselves. 

In India, we must understand the value of Intellectual Property Rights, because they encourage creativity and innovation by giving the rights to the creators and inventors to exclusively use their creations. Otherwise, a creator or inventor could not rely on the originality of their work, because there is nothing preventing another person copying or misusing that original work. Indeed, without the existence of IPR, a lack of real innovation will take place. Consequently, summarizing the concept of IPR into a broader context, IPR gives rights to creators and inventors, sets a framework for business and reputation, allows artist to earn through the work that they create and enables inventor to earn profit for the work that they created.”

Major Types of IPR in India

India has laws to protect different types of intellectual property:

• Trademarks are protected by the Trademarks Act, 1999.
• Copyrights are governed by the Copyright Act, 1957.
• Patents are governed by the Patents Act, 1970.

Each of these rights has its own scope, registration procedure, and duration of protection. Collectively, they utilise a robust legal framework to achieve two of the most important objectives: they reward the creators while at the same time ensure that the knowledge and innovations are available to the public.

Trademark in India

A trademark is a distinctive symbol, word, phrase, logo, design, or sound that can be used to identify a specific brand, company, or product. It is the means by which a business’ identity is protected. For example, the Nike “swoosh” logo or the Airtel sound can instantly identify the brands they represent. That is the purpose of a trademark.

Legal Definition

In its statutory definition, 2(1)(zb) of the Trademarks Act, 1999 defines a trademark as any mark that is capable of being represented graphically and distinguishes the goods or services on which it is used from the goods or services of others. This would include the shape of goods, packaging and combinations of colors.

What can be protected as a trademark?

• Brand names (Amul, Tata).
• Logos & symbols (Zomato logo).
• Taglines (Thanda Matlab Coca-Cola).
• Shapes of products (Coca-Cola bottle design).
• Sounds (Airtel sound).

The Process of Trademark Registration in India

1. Search: Check if an active similar trademark exists. 
2. Application: File application online/offline giving details of the mark, class of goods and services and details of the applicant.
3. Examination: Trademark Registrar examines the application.
4. Publication: If accepted, publish in Trademark Journal. 
5. Opposition: If accepted by the Registrar, other parties may oppose within 4 months.
6. Registration: If no opposition, trademark published and registered with a certificate.

Duration and Renewal

• A registered trademark is valid for 10 years from the date the application is submitted.
• A registered trademark can be renewed indefinitely, every 10 years.

Rights of Trademark Owners

• A registered trademark owner has the exclusive right to use the mark in relation to the registered goods/services. 
• Infringement: The owner’s right to sue for infringement would apply if someone used a mark that would confuse people as to the source of the goods/services. 
• Ability to assign or license the registered trademark to other parties.

Example from India

• The “Amul” trademark is well-known for its dairy products and Type II trademark registration. 
• The “Kingfisher” bird logo is connected with beverages and airlines. 
• The blue color used with the Jio logo is also protected by virtue of trademark identity.

Copyright in India

A copyright is a means of protecting original works that are created in some way by creators like: books, music, films, paintings, software and even architectural designs. A copyright differs from a trademark, which protects a brand name or logo; copyright protects creative expression. Copyright protects the elements of a Bollywood song which is the lyrics. Copyright protects the elements of the story in a novel. Copyright protects code in other software.

 Legal Definition

 Under Section 14 of the Copyright Act, 1957, copyright means the exclusive right to do or authorize others to do any of the following acts in respect of a work: reproduce it in any form; issue copies of it to the public; perform it; adapt it; or translate it.

 What types of works are protected

• Literary Works – novels, poems, articles, computer programs.
• Dramatic Works – plays, screenplays.
• Musical Works – compositions, songs, background scores.
• Artistic Works – paintings, photographs, sculptures, logos.
• Cinematograph films – movies, short films, documentaries.
• Sound recordings – music albums, audiobooks, podcasts.

Process to register a Copyright in India

1. Application: You need to file Form XIV in the statutory format giving good particulars of the work, who is the author and who is the applicant.
2. Fee: You must pay the prescribed fee amount which depends on the class of the work.
3. Examination: The Copyright Registry will examine your application.
4. Objection period: Unless an objection has been received within thirty days, the application is allowed to proceed.
5. Registration: The Registrar will enter the work into the copyright register and issue a registration certificate.

You should note, that even without registration copyright exists automatically as soon as your work is created. Registration is preferable, as it makes it easier to prove copyright ownership in the event of legal proceedings.

How Long Does Copyright Protection Last?

• Literary works, dramatic works, musical works or artistic works – life of the author + 60 years from the date of the author’s death.
• Films, sound recordings, photographs, works of government and work that is anonymous – the duration will be 60 years from the year of publication.

Rights of Copyright Owners

• To reproduce the copyright work in any form, 
• Publish or distribute,
• Perform or communicate the copyright work to the public, 
• Make a translation or adaptation, or 
• Authorize other people to perform any of these acts as a licensee.

Examples from India

The script of the movie “Sholay” has copyright, the song “Tum Hi Ho” from the movie “Aashiqui 2” has copyright and software like Tally or Quick Heal Antivirus also have copyright.

Patent in India

A patent is a legal right bestowed upon an inventor for a called invention. The patent provides an inventor with the exclusive rights to make, use, sell, and license that invention for a set timeframe. A patent differs from copyright (protection for creative expression) and trademark (protection for brand identity) in that it protects technical inventions and innovations. In other words, a formula for a new medicine, a machine that does something previously not done, or enabling technology in an existing mobile product can all be patented.

Legal Definition

As per the Patents Act, 1970 under Section 2(1)(m), a patent is “a patent for any invention granted under this Act.” An “invention” is defined as a new product or process with an inventive step and capable of industrial application under Section 2(1)(j).

What is Patentable?

An invention can be granted a patent in India if it meets three criteria: 

1. Novelty – it must be new – nothing has published about that invention in the world before the filing. 
2. Inventive Step – it must not be obvious to a person skilled in that field. 
3. Industrial Application – it must be capable of being made or used in an industry.

What cannot be patented? (Sections 3 & 4) 

Specific things cannot be patented in India, including: 

1. Discoveries of scientific principles or natural substances. 
2. Mathematical or business methods, and computer programs, per se. 
3. Artistic creations (where copyright is applicable). 
4. Methods of agriculture or medical treatment. 
5. Inventions of atomic energy (as prohibited by Section 4). 

The process for patent registration in India:

1. Patent Search – To see if the invention is novel. 
2. Filing of Application – A provisional application or complete specification is filed. 
3. Publication – The application is published in the Patent Journal (18 months after the application, or earlier, if requested). 
4. Examination – Examination of the application by the Patent Office (138). 
5. Objections/Response – The applicant will respond to any objections raised. 
6. Grant of Patent – If all the conditions are satisfied, then a patent will be granted.

Protection Duration

• A patent lasts for 20 years from the date of filing the application.
• Once the 20 years are up, the invention enters the public domain, and anyone can use the invention.

Rights of Patent Holders

1. The patent holder has the exclusive right of using, selling, or licensing the invention.
2. The patent holder has the right to prevent others from making, using, or selling the invention without permission.
3. The patent holder has the right to assign or transfer the patent to another person or company.

Examples from India

1. Pharmaceuticals: Ranbaxy and Dr. Reddy’s have patents for specific drug formulations.
2. Technology: Tata Motors patented its unique technology/formulations on fuel efficiency.
3. Agriculture: The Indian Council of Agricultural Research (ICAR) has patents for improved crop varieties.

Key Differences Between Trademark, Copyright, and Patent

Feature	Trademark	Copyright	Patent
Purpose	Protects brand identity	Protects creative works	Protects inventions
Covers	Logos, names, symbols, sounds	Books, films, music, art, software	New products, processes, technologies
Registration	Mandatory for full protection	Automatic, but registration helps	Mandatory
Duration	10 years (renewable)	Author’s life + 60 years	20 years (fixed)
Law in India	Trademarks Act, 1999	Copyright Act, 1957	Patents Act, 1970
Examples	Amul logo, Airtel tune	Bollywood films, novels, Tally software	Pharma drugs, Tata Nano technology

Why These Protections Matter in Today’s World

In today’s knowledge-based economy, protecting your intellectual property is just as significant as appropriate physical asset protection. Increased competition speeds up the copy of ideas, designs and innovations as quickly and easily than ever before, due to greater access to goods and digital exposure. Accordingly, you should protect your IP through Trademark, Copyright and Patent for all stakeholders.

For Startups and Businesses

The effort and money invested by Startups and established businesses to create brand identity is significant. A trademark would protect that, and ensure that competitors would not be able to exploit and misuse the name, logo, or tagline. When you see the Amul or Tata logo, the expectation of trustworthiness is inherent and immediate. But any competitor could easily undermine your brand, without it.

For Creators: Writers, Film Directors, Painters, and Musicians

As a creator, you count on the monetization of your creative works as a source of income, livelihood, and in some instances, to validate your authorship. Copyright protection allows you to be protected from infringement and piracy of your books, films, songs, and artwork. Copyright law, as a very basic starting point, permits you to assert authorship and gives a vehicle for further development of your public performance rights from your authorship. For example, Bollywood films utilize copyright laws to stem piracy.

For Inventors: Scientists, Technologists, and Biomedical Researchers

Inventors invest time, resources, and years of research to develop innovative designs. Patents secure an inventor’s exclusive rights to profit from their new technology, medicine, or product for 20 years. Patents generate incentives to conduct R&D in an efficient environment. For instance, Indian pharmaceutical companies patent new formulations of drugs, which allows them to recover their costs to fund future R&D.

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