Difference Between Trademark, Copyright, and Patent

Trademark, copyright, and patent, all three are covered under intellectual property law, as all three define the unique and distinctive creation of human minds. Though all three have the common feature in terms of their uniqueness and protecting features, but the meaning, shape, and overall characteristics are entirely different. Therefore, understanding their major differences is important for individuals and businesses seeking to safeguard their creations.

What does the term “Trademark” Describe?

Trademarks refer a distinctive designed logo, symbol, name, word, or combination thereof and its property is to identify and distinguish the respective goods or services of one party from those of others. In the present world, the trademark serves as a valuable tool for brand recognition and consumer trust. For example, the iconic one bite taken apple logo of Apple company; overlapped four rings of Audi, etc. not only signify the respective brands but also distinguish them from competitors and also fascinates potential customers.

What does the term “Copyright” Describe?

Copyright is a legal right that provides protection to its creators and also grants them exclusive rights to reproduce, distribute, sell, modify, and display anywhere in the world market. The term copyright covers a wide range of creative expressions, such as literary works, artistic works, and musical works. Likewise, copyright not only safeguards the intellectual property of its creators, but also fosters creativity by offering a mechanism to control and benefit from the use of their original works.

What does the term “Patent” Describe?

A patent is an exclusive right that is given to the person who has invented some unique and distinguish product such as medicine for a specific period. Once the invention is patented, it gives inventor an exclusive authority to use, sell, and market as per their plan and strategy. It also prevents others from any type of unauthorized use or without permission. Likewise, patent rights play a vital role in encouraging inventors to contribute to the progress of science and technology by providing them with a temporary monopoly on their inventive discoveries.

Difference Between Trademark, Copyright, and Patent

To understand the differences between trademark, copyright, and patent better, check out the table given below:

Basis	Trademark	Copyright	Patent
Meaning	It is unique and distinguished creation such as creative design, logo, phrase, slogan, etc.	t is unique creation of literary, music, artistic works, etc.	It is a new invention that was not exist earlier, e.g. medicine, electronic product, machines, procedures,compositions, etc
Nature of Protection	Protects symbols, names, slogans, or any distinctive element that identifies and distinguishes goods or services in the marketplace.	Protects original works of authorship, such as literary, artistic, musical creations, photos, motion films, etc.	Protects inventions, granting exclusive rights to the inventor for a specified period.
Scope of Protection	Provides protection against the use of similar marks that may cause confusion in the marketplace.	Offers protection against the unauthorized reproduction, distribution, or public display of the work.	Grants the right to exclude others from making, using, selling, or importing the patented invention.
Duration of Protection	Can be renewed indefinitely as long as it is in use and the renewal fees are paid.	Lasts for the life of the author plus 70 years (for works created after 1977) or a specific duration for works made for hire.	Typically lasts for 20 years from the filing date of the patent application.
Registration requirements and Process	Registration is not mandatory but provides additional legal benefits. It involves filing an application with the relevant trademark office.	Registration is not required for protection but offers legal advantages. It is obtained by submitting an application to the Copyright Office.	Registration is essential for protection. The patent application process includes examination and approval by the patent office.
Infringement Consequences	Infringement may result in a cease and desist order, damages, or legal action to prevent further misuse.	Infringement may lead to injunctions, damages, or the impounding of infringing copies.	Infringement can result in courtordered injunctions, damages, or royalties

Conclusion

Moreover, all the three terms describe the unique and distinguished creation of a human mind and in order to reward its creator, his or her creative work get registered and protected. However, trademark defines creative designs, such as logo, phrase, slogan, etc, copyright defines literary, artistic, and video and music works, and patent defines invention of a new product.

So, based on the characteristics and inherent properties, trademarks, copyrights, and patents are recognized and registered in their appropriate forum.

FAQs

1. What is the primary purpose of a trademark, and how does it differ from copyright and patent?

A trademark primarily protects distinctive elements like logos and brand names and prevent confusion in the marketplace. On the other hand, copyright safeguards original creative works, while a patent protects product invention, process, and composition.

2. Can a single creation be protected by both copyright and trademark simultaneously?

Yes, it is possible. For example, a logo (eligible for trademark protection) displayed on a product with unique packaging (eligible for copyright protection) can enjoy dual protection.

3. How long does the protection last for trademarks, copyrights, and patents?

Trademarks can be registered for the period of 10 years and after every 10 years, it can be renewed indefinitely as long as they are in use. On the other hand, copyright lasts for the life of the author plus 70 years. And, patents typically last for 20 years from the filing date of its application.

4. Do I need to register a trademark, copyright, or patent to gain protection?

Though registration is not mandatory for trademark and copyright protection, as it offers legal advantages even without registration, but for better recognition and easy dispute resolution purpose, registration is important. But for patents, registration is essential for recognition and protection.

5. Can I use a similar mark or invention if it has a different purpose or application?

Under the trademark law, similarity that may cause confusion is generally avoided. But copyright and patent law may have more flexibility, allowing for similar works or inventions with different purposes.

6. Can ideas be protected under trademark, copyright, or patent law?

Trademark and copyright protect the expression of ideas but not the ideas themselves. On the other hand, patent law protects new and non-obvious ideas, processes, or inventions.

7. Is it possible to obtain international protection for trademarks, copyrights, and patents?

Yes, in this globalized world where geo-political boundaries are losing, it is possible to secure international protection through specific treaties and agreements. For example, trademarks may be protected through the Madrid System, while patents can be pursued through the Patent Cooperation Treaty (PCT).