There is always great confusion about the difference between a trademark patent and copyright. They all seem to be the same, but there are a few differences between them. Let's discuss all three and draw a conclusion about them.
Patent
A patent offers a variety of rights to the user. It is to protect the original invention of the company. There are different offices offering patents worldwide.
It depends on the country.
There are three major types of patents:
1. Utility patent
2. Plant patent
3. Design patent
Let us understand what they mean.
Utility patent
It covers the formation of the new or improvised product. It is for safeguarding the companies from individuals from selling without the companies consent. There are just recurring charges for maintaining the patent. It is a 20 years patent. The firm generally patents about its product like machinery and appliances, but software can also be patented.
Plant patent
Every person on the planet has some unique characteristics. Similarly, every plant has few key features. These features are important to the firm. To safeguard them from being sold, one can get a plant patent. This patent is also valid for 20 years.
Design patent
When a company manufactures a unique product, this comes under a design patent. For example, Samsung copied something from Apple without their consent. Then Samsung was asked to pay a heft fine to Apple. These are legal for 15 years without any maintenance charges.
Trademark
A trademark is for safeguarding the source of the product. It is related to protecting the companies logos and names. For example, the bottle of coca-cola, as well as the name has been trademarked for years. It prevents other companies from copying the style and shape of the bottle which they use. Therefore, it is advisable to go for trademark registration online and protect your brand.
Trademarking is time taking process. It takes 8-24 months to get a trademark. The company won't get a trademark if there is a bit of similarity with the company already being trademarked. If the owner of it feels a violation they can even sue the firm.
Copyright
Copyright is to protect the original work of the person. This can be music, painting, writing. When a product is copyright, one can use the c symbol on it.
The owner of the product only has the right to showcase their product. If the product is under "fair use" it means it is for news, education purposes.
There is no procedure to file a copyright. It is yours when you convert the idea into some form like music, books. However, it needs to be registered with the concerned authority in your country.
It should be registered within 5 years of creation. Even after the death of the owner, copyright protects the piece of work for 70 years.
In the end, it can be drawn that it is better to have a trademark if you have given a unique name and logo to your company. When a new and different product is created, it should be applied for the patent. Original piece of work gets protection automatically under copyright.
Conclusion
I hope now you have a clear view on Trademark, Patent and Copyright. However, if you need any professional advice, it is always advisable to consult an expert
Every national trademark registration has an end at that particular country’s boundary, therefore for International Trademark Registration Online in India; you have to file for separate trademark registration under multiple countries.Benefits of International Trademark RegistrationLegal ProtectionInternational Trademark registration helps you in protecting your trademark legally, as you'll sue someone for any infringement doubt.
Hence it's always important that before choosing the legal thanks to battle against infringement, register your mark whether it's a word, phrases or slogan, or logo.Business OpportunityTrademark acts as an intangible asset and paves a good path for the growth of your business or brand.
Successful trademark registration provides your business with a chance to realize more profit and fame like brands like Adidas or McDonald’s have gained extra money through licensing and franchising agreements.Unique IdentityThe registered brand or product gets global recognition through international trademark registration.Beneficial For Online Business OperatorsInternational Trademark Registration plays a vital role in the growth and development of the online or e-commerce business.
If you own a trading business via online then somehow it leads your business in the right way as it is available to international consumers all around the world.Changes and RenewalThe validity of the International Trademark Registration process is about 10-years from the date of filing.
In case any infringement happens while importing or export, then you have all right to take legal action on such infringement.Requirements for Obtaining International Trademark RegistrationThere are three main requirements for obtaining a world trademark registration in India:The applicant should be a national of India or domiciled in India or have a real and effective business or commercial establishment in India.The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry.
The international application will have an equivalent trademark as mentioned within the national trademark application or registration; The list of products and services mentioned within the international application should also be identified with the national mark.The applicant in the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.Procedure for Filing International TM ApplicationInternational application in each foreign country To file a world application under Madrid protocol through India the applicant must be an Indian national or domiciled in India or the applicant has a real or effective business or commercial established in India.
