Side by side
| Trademark | Copyright | Patent | Design | |
|---|---|---|---|---|
| Protects | Brand name, logo, slogan, label | Original literary, artistic, musical and dramatic works, software, films, recordings | A new invention: product or process | The shape, pattern or ornament of an article |
| Law | Trade Marks Act, 1999 | Copyright Act, 1957 | Patents Act, 1970 | Designs Act, 2000 |
| Arises | On use; registration gives statutory rights | Automatically on creation | Only on grant | Only on registration |
| Registration | Optional but strongly advised | Optional; useful as evidence | Essential | Essential |
| How long | 10 years, renewable every 10 years indefinitely | Generally the author's life plus 60 years | 20 years from filing | 10 years, extendable by 5 |
| Test | Distinctive, not similar to an earlier mark | Original expression | Novel, inventive, industrially applicable | New or original appearance |
| Office | Trade Marks Registry | Copyright Office | Patent Office | Patent Office (Designs wing) |
Trademark: your brand
A trademark is anything that tells customers a product or service comes from you: a name, a logo, a tagline, even a colour combination. Registration under the Trade Marks Act, 1999 gives you the exclusive right to use it for the goods or services in your classes and to sue for infringement. Without registration you rely on a passing-off action, which needs proof of reputation and is harder to win. Before filing, see how to check trademark availability.
Registration lasts 10 years and can be renewed every 10 years without limit. You can use the ™ symbol once you have applied, and ® only after registration. The IP India fee is ₹4,500 per class for individuals, startups and small enterprises filing online, and ₹9,000 for others. See trademark registration, and for what follows, trademark objections and renewal.
Copyright: your content and code
Copyright protects the expression of an idea, not the idea itself. Your website text, blog, photographs, videos, designs, music and software code are protected automatically the moment they are created, without registration. For most works by an individual the term is the author's life plus 60 years.
Registration with the Copyright Office is optional but gives you a public record and prima facie evidence of ownership, which helps in a dispute. A business that commissions work from freelancers or agencies should get the copyright assigned to it in writing; otherwise the creator may own it.
Copyright does not protect a brand name or a short slogan. That is what a trademark is for.
Patent: your invention
A patent gives the exclusive right to make, use and sell an invention for 20 years from the filing date, in return for disclosing how it works. The invention must be new, involve an inventive step and be capable of industrial application. Some things cannot be patented in India, such as a mathematical method or a computer program as such, though an invention with a technical effect that uses software may be.
Unlike copyright, patent protection exists only once granted, and India follows first to file. Disclosing the invention publicly before filing, at a launch or in a pitch deck, can destroy its novelty. File first, or at least file a provisional application, which gives you 12 months to file the complete specification. See patent registration.
Design: how your product looks
A design registration protects the visual appearance of a product, its shape, configuration, pattern or ornament, not how it works. It lasts 10 years and can be extended once by 5 years. Packaging shapes, furniture, jewellery and consumer products are common examples. A product can have a design registration for its look and a patent for how it works.
Which one does your business need?
| You have | Protect it with |
|---|---|
| A brand name or logo | Trademark |
| A tagline | Trademark |
| Website content, blog, photos, videos | Copyright (automatic) |
| Software or an app | Copyright for the code; trademark for the app name; a patent only for a technical invention |
| A new machine, formula or process | Patent |
| A distinctive product shape or packaging | Design registration, and possibly a trademark |
Start with the trademark. It protects the name customers find you by, it is the cheapest to secure, and a clash discovered after launch is expensive to fix.
Talk to Regikart
We search, file and track trademark applications from ₹2,499 per class, reply to objections, and coordinate patent filings through our network. Call or WhatsApp +91 70444 94804, or see trademark registration.
Frequently asked questions
What is the difference between a trademark and a copyright?
A trademark protects a brand identifier such as a name or logo, and lasts 10 years at a time, renewable indefinitely. Copyright protects original creative work such as writing, art or code, arises automatically and generally lasts for the author's life plus 60 years.
Can I copyright my business name?
No. Copyright does not protect names, titles or short slogans. A business name is protected by registering it as a trademark.
Is copyright registration necessary in India?
No. Copyright exists from the moment a work is created. Registration is optional but serves as evidence of ownership in a dispute.
How long does a patent last in India?
20 years from the date of filing, subject to annual renewal fees.
Can software be patented in India?
A computer program as such cannot. An invention that uses software and produces a technical effect may be patentable. Software code itself is protected by copyright.
How long does a trademark registration last?
10 years from the date of application, renewable every 10 years without limit.
About the author
Regikart CS Team
Company Secretaries at Regikart. Want to discuss this in the context of your business?
