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It takes a lot of effort to commence a business from zero and to make it a brand. When your business becomes a brand, then definitely you want to protect its intellectual property. Today, positively Indian entrepreneurs are understanding the significance of Intellectual Property thereby more and more companies want to register trademark for business, register copyright and patent.Significantly, the value of Intellectual Property or IP is not immediately noticeable but for the long run its worth enhances substantially.
Having a registered trademark, patent or copyrightprotects your business legally and you can file suit against those who use your brand name and Intellectual Property without permission. Therefore, if you are considering to protect your Intellectual Property and brand identity, then it is imperative to understand the fundamental differences between the three types of intellectual property.This blog aims to highlight difference between copyright, patent and trademark.
Copyright Vs. Patent Vs. Trademark: Know the Difference
Trademark Registration:- According to the Trademark Act, 1999, trademark is the form of intellectual property, wherein symbol, logo, design, word, phrase, color, sound, or a combination of these used to trade goods or provide services.
- Trademark registration is done to protect brand names, logos, business names, slogans.
- In India trademark is divided into 45 classes. Classes 1 to 34 are for goods, and classes 35 to 45 are for services.
- Validity of trademark is 10 years and need to renew it in every ten years.
- There is no need to file provisional application for trademark registration; however, trademark search is needed.
- Registration of trademark for business ensures the protection of brand name and provides exclusive ownership to business owners. In addition, prevents competitors to use similar kind of trademarks.
- According to the trademark class, the government fee for trademark registration is INR-4,000/-
- According to the Copyright Act, 1957, copyright is the form of intellectual property applies to theoriginal work as long as it is preserved in some form.
- Works thatare not available in some tangible form cannot be copyrighted. For an example, a song, which is not recorded or written down, cannot be copyrighted.
- Some work like ideas, discoveries, principles and common property like calendars or height and weight charts cannot be copyrighted.
- Copyright Registration is done to protectliterary, dramatic, musical, and artistic works including: poetry, novels, unique writing, art, research, movies, songs, unique audio and video materials, computer software, architecture.
- There is no need to file provisional application for copyright registration.
- Copyright registration grantslegal protection to your work. Once you do copyright registrationof your work, then you can take legal action against those who use your work without permission.
- As per the general rule, work that is created after 1 January 1978, copyright protection lasts for the life of the author plus an additional 60 years.
- For cinematograph work like films, sound recordings, photographs, copyright remains valid for the period of 60 years, from the year of publication.
- In case of broadcast reproductioncopyright remains valid for 25 years, from the year of broadcast.
- In case of individual performance copyright remains valid for 50 years, from the year the performance was made.
- The price of copyright registration depends on type of work. For example, to register copyright for a software code and a movie you have to pay INR 3,350 and INR 8,420 respectively.
- According to the Patent Act, 1970, Patent is the form of intellectual property. Once you register patent of your work that is original, distinct and valuable; then you get the right to exclude others from making, using, selling or importing what you have invented.
- Patent is the legal document sought after in the manufacturing and pharmaceutical industries. In addition, patent is granted in case of scientific invention, novel writing and other industrial applicability.
- Significantly, a patent can also be licensed, mortgaged, bought, or sold.
- Validity of a patent is 20 years and it cannot be renewed beyond that.
- Filing provision application is necessary for patent registration
- Fee of Patent Registration is around INR 10,000-15,000
In the above write up, we have highlighted the difference between trademark, patent and copyright precisely, and when it comes to choose right Intellectual Property Services for your business then it all depends on your business and type of work. When you are looking for legal services for business, then always choose top law firm to get high-quality legal services.Top law firm has dexterous intellectual property lawyers who have comprehensive understanding of business complexities and provide efficient and impeccable legal services.
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