Online Trademark Registration in India
File a trademark application through Marks & Brands and protect your brand and customers
Fast and Easy Process
Differences between Trademark, Copyright and Patent
Whether you’re an writer, inventor or a goods manufacturer, it is important to know the correct intellectual property rights to protect your work. Today trademarks, Patents and Copyrights are the biggest and the most popular intellectual property rights sought after by creators, each with its unique and distinctive advantages
Trademarks
A trademark is a distinctive sign that identifies certain goods or services as those produced or provided by a specific person or enterprise.
They usually consist of one or a combination of words, letters and numbers and may even consist of drawings, symbols, three-dimensional signs such as shape and packaging of goods, or colours used as a distinguishing feature and protect its associated reputation.
It is governed by the Trade Marks Act, 1999 in India
The validity of a trademark is for 10 years ,however it can be renewed every 10 years making it perpetual.
The protection of a trademark can only be provided upon registration with the Registrar of Trade marks .The registration does not include a provisional application, but it requires a trademark search.
The right is territorial in nature ,therefore an application must be made to each country individually where one wishes to secure the trademark rights.
A registered trademark retains the exclusivity of the associated goods or services in the market and prevents others competitors from using similar kinds of marks or texts in their branding. The registration of trademark is for brand establishment and trust inculcation in the minds of the customers.
Copyrights
A Copyright is an exclusive right granted to the creators of original literary, scientific and artistic works.
It gives the creator the right to exclusively copy or reproduce or publish the work for monetary gains or otherwise.
Rights on creations such as art, poetry, graphic designs, musical lyrics, novels, film, original architectural designs, website content, etc. can be granted under copyright.
They do not protect logos, slogans, and brand names unlike trademarks
It is governed under The Copyright Act, 1957
Unlike patents and trademarks, the registration of such copyright is not compulsory, as the copyright over the original work is created the moment the author creates the work.
No provisional application required as registration is not required
The validity of the copyright is for life time of the author + 60 years after his/her death.
Patents
A patent is an exclusive right over an invention awarded if the invention is found to be new, novel, contains inventive step and has industrial applicability.
It prevent others from making, selling, distributing, importing or using the invention, without license or authorization, for a fixed period of time.
It is governed by The Patents Act, 1970
The registration for a grant of patent is compulsory with the Office of the Controller General of Patents
The right is territorial in nature ,therefore an application must be made to each country individually where one wishes to secure the patent rights.
A provisional application can be made 12 months prior to filing a complete specification.
The validity of a patent is for 20 years from the date of application , and unlike trademarks they cannot be renewed after that.
However, an application to the Controller for compulsory license for the patent may be made by any person interested after the expiry of three years from the date of grant of the patent on the following grounds:
1. That the reasonable requirements of public with respect to the patented invention have not been satisfied, or
2. That the patented invention is not available to the public at reasonably affordable price, or
3. That the patented invention is not worked in the territory of Such an application may also be made by the licensee.
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