Copyright vs Trademark vs Patent - What’s the Difference?

Each creative idea, design, and invention need a different kind of protection, namely Copyright, Trademark, and Patent. The mix-up among severe creators, entrepreneurs, and companies usually arises regarding these concepts. The article establishes a descriptive difference between Copyright and Patent while examining Trademarks and their relevant laws including the Copyright Act alongside the Trademark Act and the Patent Act.

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What is Copyright, Trademark and Patent:

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  • Copyright : Copyright protection extends to original creations among music, literature, art, movies, audio tapes and computer programs. A creator possesses exclusive rights to reproduce along with distribution and performance and display of original creations under the Copyright Act.
  • Trademark : A trademark is a protection for any brand attributes which includes logos, names, signs, or symbols which distinctly identifies a particular product or service. The trademark act guarantees that the businesses can create their own distinctive identity within the marketplace.
  • Patent : A Patent is a right given to intrepid inventors in the name of intellectual property. It comes with exclusive rights for a limited time to manufacture, use, or sell any invention. The invention should be new, useful, and non-obvious. The patent act governs rules around registrations regarding patent rights as well as its enforcement.

Why Does This Matter?

As far as logo development or branding is concerned, the difference between Copyright and Patent is very essential for designers, small business owners, and entrepreneurs.

  • Protect your original logo with a Trademark.
  • Develop an entirely new functional module of an application or piece of hardware? Patented.
  • If you compose anything original or make graphics: you become Copyright-protected.

Not understanding the basic principles of the Patent Act, the Trademark Act, or Copyright Act could lead to heavy and costly lawsuits or consequences of rights.

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Difference Among Copyright, Trademark and Patent:

Features Copyright Trademark Patent
Protects Creative works (art, music, writing) Brand elements (logo, name, slogan) Inventions and discoveries
Governing Law Copyright Act, 1957 Trademark Act, 1999 Patent Act, 1970
Duration Life of author + 60 years (varies) 10 years, renewable 20 years from filing date
Registration Required Optional but recommended Required for legal protection Required for legal protection
Use Case Example Movies, books, designs Company logo, brand name New machinery or drug formula
Basis of Protection Original expression Commercial identity Novelty and innovation
Example Document Copyright Disclaimer on websites Registered trademark certificate Patent certificate

Copyright Disclaimer: Why Does It Matter?

A Copyright Disclaimer is a legal statement showing how the copyrighted content is being used-very important for internet content creators. To amend such a disclaimer implies no infringement will take place and that it might help avert any legal risks, fairly-being.

Endnotes:

Understanding Copyright and differences of Patents and how these can be related to Trademark protections is important when developing and securing your brand. As an author or startup, it is important to ascribe your intellectual property under the right law- Copyright Act, Patent Act, Trademark Act so as to secure your work and future development. For all professional logo and branding item design, LogoMini.com is the only place for all your needs of professional logo designs, which would warrant legal protection.

Frequently Asked Questions

What is the difference between Copyright and Patent?
Copyright differs from patent because copyright protects creative works beyond inventive development (for instance art or literature) and patent protects inventions together with production processes.
How can I determine what Trademark Class to use?
Check out the Trademark Class list of all 45. Choose the relevant class for your goods/services, such as Class 25 for clothing or Class 35 for the services you may provide.
Should I use a registered logo if using it on the internet?
Having a registered trademark under the Act provides you the exclusive rights to your logo so unauthorized use becomes prohibited.
How long is a patent good for?
A patent under the Patent Act expires at the end of 20 years after the date of filing unless it is renewed (as required). After 20 years-it goes into the public domain.
May a same work be copyrighted simultaneously under Copyright and Trademark?
Yes, in certain instances. For example, a logo design can be protected by Copyright (as original work) and also registered as a Trademark (as a brand symbol). Employing dual protection permits both Copyright Act and Trademark Act to have a wider scope of protection.