Intellectual Property 101: Trademarks vs. Patents

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Intellectual Property 101: Trademarks vs. Patents

According to WIPO or World Intellectual Property Organization ‘Creations of the mind: inventions; literary and artistic works; and symbols, names, and images used in commerce.’ The thoughts which are being processed in the human brain are not under protection, however, when those thoughts materialize, the end result can be under the protection of Intellectual Property.

The thought or creation of the author has to be in tangible form to get registered as a copyright like the idea of making an electric car is not patented but the prototype of the electric car is.

The sole intention of Intellectual property is to endorse innovation by equipping the authors with time and protection so they can drive monetary profit from their innovations. Your Intellectual Property can be registered with the Ministry if someone else hasn’t created it before you.

 The Patent, Trademark, Copyright and Design Patents drop under the Intellectual property.

What is a Trademark?

Trademark is a symbol, mark, phrase or a design that differentiates between the products and services of one business from another. Trademark registration safeguards your brand identity and your products.

Registering a trademark is kind of like a public notice which protects your venture and services. It also equips you with certain nationwide exclusive rights under which if someone illegally infringes on your mark or phrase, a lawsuit can be filed against him in the court of law. Registered Trademarks should be renewed in every ten years.

It is quite substantial to go through a comprehensive Trademark Search which makes sure that you are not infringing on someone else’s mark.

What is a Patent?

‘Patent’ is a term which basically promotes technological innovations and their merchandise. When you get something patented, Government of India will equip you with exclusive rights to the invention which is useful enough.

You can patent a product as well a process which will exclude others from selling and deriving profits from the invention.

A patent only safeguards inventions and asks the inventor to disclose their inventions to the public.

Some examples of inventions are manufactures, machines, some computer programs etc. The patent registration is quite beneficial once you have an invention. To avail of benefits of patents, the invention has to have industrial applicability.

Tabulating the difference between Patent and Trademark:



TRADEMARKPATENT
APPLICABILITYSymbols or logo for a brand which differentiates your products from the rivals in the market.Any invention which has usability. 
PROTECTION AGAINSTProtects the venture and services provided by it. Prevents the imitation of ideas.
VALID FORLifetime although, should be renewed after every 10 years. It is valid for 20 years. 
RIGHTS GRANTEDRights to use the registered mark and prevent others from using it which safeguards you from the confusion about the source of the goods and services. Right to stop others from manufacturing or using your invention for their monetary benefits. 
REQUIREMENTS Different mark which can be associated with your brand. The invention should be useful and non-obvious. 
REGISTRATIONVoluntary or depends on you.Compulsory registration
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