byShine legal India                        Published On 2025-06-21             

Intellectual property rights are considered  important to protect ideas, innovations and creative works. There are several methods for securing intellectual property rights, but the most widely used are trademarks, copyrights and patents. These terms are often used interchangeably but each serves a different purpose and protects different aspects of intellectual creations. Understanding the differences between trademarks, copyrights and patents is essential for creators, businesses and anyone involved in the development of new ideas or products. 

What is a trademark?

A trademark is a distinctive sign, such as a word, logo, phrase, design or a mix of these that identifies and sets apart the products or services of one business from those of others. Trademarks are primarily used in the business world to protect brand identities and ensure that the consumers can easily identify a company’s products or services.

Types of trademarks

• Words- A trademark can consist of a unique word or combination of words. 
• Logos and designs- A logo or specific design that represents a brand can also be protected as a trademark. 
• Sounds and colors- These are less common, but companies can also trademark certain sounds and colours. 
• Slogans- These are the catchy phrases that are used to promote a product or service that can be trademarked as well. 

What does a trademark protect?

Trademark protects the company’s brand identity, which stops other companies from using a similar symbol that can confuse customers. The goal of a trademark is to safeguard the reputation of the brand, ensuring that customers know that they are purchasing a product or service from a trusted source. Trademarks also protect the goodwill associated with a product or service. 

How to register a trademark?

1. Trademark search: Check for existing trademarks to ensure uniqueness.
2. Filing the application- Submit online with brand details, logo, class and applicant information.
3. Examination- Address any objections or attend a hearing if needed.
4. Publication- If accepted, the trademark is published in the trademarks journal.
5. Registration- If unopposed or successful in opposition, a certificate is issued.

What is copyright?

A copyright is a legal right that gives the creator of an original work exclusive control over its uses and distribution. Unlike trademarks which are focused with branding, copyrights safeguard the way ideas are expressed.

Types of works covered by copyright

• Literary works which include novels, poems, essays and other written works.
• Musical works which include songs, compositions and sound recordings.
• Dramatic works which include plays, scripts and choreography.
• Artistic creations which include paintings, sculptures, illustrations, photographs and other forms of visual art.
• Films and audiovisual works which include movies, TV shows and other multimedia content.
• Computer software which includes code and other programming-related works.
• Architectural works which include  building designs and blueprints.

What does copyright protect?

Copyright protects the way ideas are expressed. It does not protect the ideas themselves. Copyright safeguards the specific form in which a work is created, such as the wording in a novel or the tune of a song. 

Duration of copyright in India

Copyright protection is automatic as soon as the work is created and fixed in a tangible medium. Each country has a different copyright protection duration.

• Literary, dramatic, musical and artistic works - Copyright protection extends for the author’s lifetime plus an additional 60 years after their death.
• Cinematograph films and sound recordings - Copyright remains in effect for 60 years from the date of publication.
• Anonymous and pseudonymous works  - 60 years from the year of publication, unless the identity of the author becomes known during that period.
• Posthumous works - 60 years from the initial release year and the 60-year period is calculated starting from the beginning of the calendar year following the year in which the event death or publication occurs.

What is a patent?

A patent is a type of intellectual property protection that gives an inventor exclusive rights to create, use and sell an invention. Patents are designed to protect inventions and technological advancements, stopping others from making, using or selling the invention without authorisation.

Types of patents

• Utility patents- These patents are granted for new inventions or discoveries that provide a useful function, such as machines, processes and compositions of matter for example, a new type of smartphone or a drug formula.
• Design patents- These patents protect the ornamental design of an object, such as the unique shape or surface ornamentation of a product. For example, the design of a Coca-Cola bottle.
• Plant patents-These patents protect new varieties of plants that have been asexually reproduced not from seeds.

What does a patent protect?

A patent safeguards the practical features or functionality of an invention. Patents prevent others from making, using, selling or distributing the patented invention without the inventor’s permission. This protection helps to ensure that the inventor can profit from their innovation without the fear of others copying or stealing their idea. 

How to apply for an patent

1. Patent search

• Look for an invention that is novel, non-obvious and applicable to industry.

2. Drafting the patent application

• Create a comprehensive specification, either full or provisional that includes the invention’s description, claims, abstract and any applicable drawings.
• It is advisable to consult a patent professional for accurate drafting.

3. Filing the patent application

• File your application with the Indian Patent Office.
• Once a provisional application has been submitted, the full specification must be submitted within a year.
• On filing, a patent application number is generated.

4. Publication of application

• After the application is filed, it is automatically published eighteen months later.
  
  

5. Request for Examination (RFE)

• Within 48 months of the priority date, it must be filed.
• A patent examiner reviews the application for compliance with legal and technical requirements.

6. Examination and objections

• A First Examination Report (FER) is issued by the examiner.
• The applicant can respond to objections within the time allotted.

7. Grant of patent

• The patent is granted and published in the Patent Journal upon the resolution of all objections.
• After the date of filing, the patent is valid for 20 years (subject to annual renewal).

8. Post-grant compliance

• Pay annual renewal fees.
• Work the patent in India or submit statements of working to avoid compulsory licensing.

Key differences between trademarks, copyrights, and patents

 

Conclusion

Trademarks, copyrights and patents are important components of intellectual property law. They are designed to protect different types of creations. Copyrights preserve creative expressions, trademarks protect brand identity and patents protect innovative inventions. By understanding these distinctions, individuals and businesses can choose the right form of IPR protection to secure their ideas, inventions and brand value.