When you hear the word "property," you picture something solid or physical, like real estate or jewelry, computers, etc. Above all, intellectual property gives legal rights in intangible form. The three forms of intellectual property are copyrights, trademarks, and patents. Now you must be wondering that how do copyrights, trademarks and patents differ?
Each of those three bodies of law protects very different types of work, and it's worth learning the differences between them before determining whether you may qualify for them. Also, it is crucial to get your trademark registration online before someone else acquires it.
What is Copyright?
A copyright is a power you receive when creating original artwork or anything artistic like logo, symbol, font or word creation.
It covers the right to reproduce work, prepare relative works, distribute copies in the market and showcase publicly.
Most importantly, you have the power to transfer your work individually to one or more people or to sell them collectively as the owner of the copyright.
You can do it by licensing, distributing, and other transfers. The power of copyright gives you the right to choose the way your work is made available to the public.
What is a Patent?
Inventors and designers file for patents to protect their inventions. Also, it includes machines, processes, chemical compositions or the design of a product.
When you file a patent, you get exclusive rights to stop others from making, using, selling and importing your creativity.
Above all, a patent protects your work for 20 years without renewal.
However, sometimes a product appears in more than one category. For instance, the software codes are protected by copyright, on the other hand, a patent protects the practical creation of the idea, and a trademark will guard the company name or logo.
Preserving intellectual property is a complicated task. It keeps on changing with every step of innovation, research or development.
Therefore, a product can have all three intellectual property rights. In other words, a patent for a feature, copyright for a creative aspect and trademark for a name or logo.
What is a Trademark?
Generally, a trademark is a term, slogan, logo, design, or a combination of all. It differentiates the origin of the goods and services between opponents. Also, a service mark and trademark is similar in many aspects. However, a service mark is only used for services. Therefore, it is advisable to register your trademark as soon as you decide to protect it from getting a copy.
3 Must Know differences between Copyright, Patent and Trademark
- What does it protect?
Copyright - Original work like books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures, etc.
Patents - Inventions, processes, machines, manufactures, compositions of stuff and improvements to any of these.
Trademark - Names, slogan, logo, design that differences the origin of the goods.
- What is the period it protects the work?
Copyright - The life of the owner plus 60 years after the death.
Patents - 20 years after registration
Trademark - For as long as you use it but has to be renewed after every 10 years.
- What are the powers you get under each?
Copyright -Right to duplicate, making an alternate, selling and public display of the work.
Patents - Right to stop anyone from executing, selling, adopting or selling the patented work.
Trademark - Right to use the registered logo, name, symbol, design or slogan. Also, you can limit anyone from using the same for their brand because that would create confusion about goods or services.
In conclusion, you now have a brief idea on how do copyrights, patents and trademarks differ and what exactly they mean. Also, how you can use each of them for your benefit and protect your rights over each of your original work, art and discovery.
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.
