Trademark Vs. Copyright Vs. Patent

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Some people confuse trademarks, copyright and patents. Although there are some general similarities among these kinds of intellectual property protection, but inspite of this they all are different from one another.

Many a time people are confused or have incorrectly used the terms intellectual property law. They have spoken of “copyrighting” an idea or even “patenting” a book! To understand these terms, it is essential to know what is Intellectual Property and what all does it entail.

Terms used in intellectual property

A) Trademark

  1. Who can seek a trademark?

 Individual, Joint owners, Proprietorship firm, Partnership firm, LLP, Indian Company, Foreign Company, Trust/Society can apply for registration.

  1. Protection

It protects a name, word, slogan, symbol, design, and/or image identifying a business or brand and distinguishing it from others in the same field.

  1. Benefits of Registering

Registering a trademark enhances the rights of a person by providing legal evidence and public notice of ownership. It is proof enough of a nationwide exclusive right to the mark and allows the holder to sue an infringer if the case calls for it.  Registered trademarks can use the ® symbol.

  1. Duration

Though a trademark is valid for an unlimited period of time, it must be renewed every 10 years.

B) Copyright

  1. Who can seek a copyright?

Any Individual who is the author or rightful owner. or his/her assignee or legal heir can file an application 

  1. Protection

Copyright can be sought for by authors, artists, choreographers, architects, and other creative professionals. While an idea cannot be copyrighted, the tangible form of an idea can be. This includes original works of authorship, photographs, sculptures, choreography, architectural works, sound recordings, motion pictures, and other creative works.

  1. Benefits of Registering

Copyrighting provides a person with legal evidence and public notice of ownership. A person can be sued in a court for infringement of copyright provided one has the papers in place.

  1. Duration

A copyright is valid for a lifetime.

C) Patent 

  1. Who can seek a patent ?

 Any person can apply for Patent

  1. Protection

 Inventors and designers file for patents. A patent protects inventions with a new or improved function. This includes machines, processes, or chemical compositions, or the design for some product.

  1. Benefits of Registering

 When a patent is filed, the owner gets an exclusive right to prevent others from making, using, selling, or importing the protected invention.

  1. Duration

 A patent protects an invention for 20 years, but it cannot be renewed. A provisional patent lasts for about a year.

In this article we have discussed all about intellectual property with regard to their protection, duration, Benefits etc.

For any further clarification contact us at info@centrik.in or 011-46074008

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