Difference Between Copyright, Patent, and Trademark

By Trademark Bazaar - 25th September 2017

Difference Between Copyright, Patent, and Trademark

Trademark, copyright and patent are the three most important intellectual property rights. All of them provide a protection against the unjust use of a unique idea. However, the basic difference among three of them is that they apply to the specific type of intellectual property.

With increasing competition in the market, every business entity requires some unique ideas to create an everlasting image in the minds of people. Trademark, copyright and patent registration help to protect the unique ideas of the person from being exploited by anybody else. They cover different categories of intellectual properties that can be protected. The difference between trademark, patent and copyright is as follows-

1) Scope of protection

Trademark - Trademark is a word, logo, symbol, design, sound, smell, color combination etc adopted to distinctly identify its source. It helps the holder to enjoy the exclusive usage benefit over the trademark and protects it from infringement. It is not mandatory to obtain a trademark registration however it is always recommended to obtain the trademark registration. In India trademark is divided into 45 classes and registration can be obtained in any class as the applicant deems fit.  

Copyright - Copyright is an exclusive right to reproduce or authorize anybody else to reproduce artistic, dramatic, literally or musical works. It is limited to the author’s particular expression of an idea, process and concept. A copyright can also be obtained for author way of compiling the idea. However, no copyright can be obtained for abstract ideas.

Patent-  It basically provides protection to the inventor of the unique idea. It prevents any person other than the inventor from making, using, selling or importing his invention. A patent can be obtained in respect of any kind of invention which is capable of industrial application. Further, a patent can be obtained in respect of food items, chemicals, medicines and drugs.

2) Term of Use -

Trademark - Once Trademark registration is sought it is valid for the time period of 10 years and after that renewal application shall be filed.

Copyright - Copyright granted will be valid for the length of authors life and the next 60 years.

Patent - Patent once granted will be valid for the time period of 20 years.

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