Difference between Copyright, Patent and Trademark
| Categories | Copyright | Trademark | Patent |
| Governed Under | The copyright Act, 1957 | Trade mark act,1999 | The patent act, 1970 |
| Types of Protection & work | A copyright is a type of intellectual property that gives the owner exclusive rights and ownership over the things they create. copyright is mainly used to protect the creativity of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software. | A trademark is visual symbol that identifies the services, or products of a specific business. Which may be a word signature, name, device, label, numerals or combination of colours used by one Enterprise on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Hence, trademarks are mostly used to protect brand names, business names, slogans and more. | A patent protects inventions. An invention is a product or a process that offers a new technical solution to an existing problem or provides a new way of doing something and also has industrial use. |
| Validity | The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication. | 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. | Patent registrations have a validity of 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification. In case the Patent Application is filed under the However, in case of international patent applications filed under PCT, the validity of the patent is for a term of 20 years beginning from date of international filing. |
| Right come into Existence | Exclusive rights over the copyright are created the moment the authorship creates the work. | Once the trademark gets registered the applicant of the mark can claim complete right over the said mark. Registration usually takes 6-18 months. | Patent registration takes about 2-3 years in all. But the owner can stop anyone else from claiming right over a particular patent the moment he applies for provisional patent. |
| Example | Logos, illustrations, blog posts, websites, articles, advertising copy, photographs—however you cannot copyright names, individual words or simple phrases. | Name example: McDonald’s Slogan example: I’m Lovin’ It Logo example: The golden arches | The design of the iPhone; BlueTooth data transferring technology; Keurig’s K-Cup pod |
| Symbolic Representation | No symbolic representation to show registration. | Used when registration is in process: ™ Used when registration is complete: ® | No symbolic representation to show registration. |
Advantages of Obtaining Copyright
A copyright is granted the moment you create an original work in a tangible or fixed form. It’s automatic. But unregistered works may be difficult to prove in the case that someone else uses or steals your work. And you can only file a copyright infringement lawsuit if your copyright is registered. That’s why we recommend registering your work with the Indian Copyright Office to make your copyright claim public record.
Advantages of Receiving a Trademark
Receiving a trademark means your competitors can not register the same, or a deceptively similar, trademark in the same class of goods or services where your trademark is registered. Registration creates a public record of your trademark ownership and it allows you to use the ® symbol, helping establish legitimacy and trust with your customers and ward off counterfeiters. A trademark also gives you additional ways to enforce the mark and paves the way for registering your mark in other countries.
Advantages of Having a Patent Approved
Innovations can take years to create and are often expensive. Receiving a patent ensures you’ll have the opportunity to profit from your hard work. A patent means the inventions and any related processes cannot be copied, made or sold unless permission is given by the inventor.