How is Trademark Different from Copyright and Patents? - Taxsure Consultancy Services

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Monday, April 8, 2019

How is Trademark Different from Copyright and Patents?




Image result for trademark and copyright patent

Introduction

Thousands of business ideas crop up in our mind on a daily basis but not each of them is unique or potentially valuable. Your idea itself is not always a intellectual property, but the creation that you can make out of it is an intellectual property too. This can be safeguarded through copyrights, patents or trademarks. These provide safety to the creator of goods and services by granting them certain time-limited rights to control the use of their productions. Scientific discovery, literary and artistic work, designs etc. are some of the examples for intellectual property. Majorly, there are 3 forms of Intellectual property :
  1. Copyright
  2. Patent
  3. Trademark

Difference between various forms of Intellectual property rights

PARTICULARSCOPYRIGHTPATENTSTRADEMARK
MeaningIt is a right given to the creator of literary, dramatic musical and artistic work. The rights here include right of reproduction, adaptation of the work etc.A patent is also a statutory right granted by the Government for an invention but only for a limited period of time. In this case, the invention cannot be sold, imported, or re-made without the consent of the original inventor.Various business and product owners file for trademarks. It basically distinguishes a brand name from others in the same field and protects its name, logo, slogan etc.
Term of registrationIt depends on the type of the work.For example, in case of cinematograph films, photographs the protection is given for a period of 60 years from the year in which the work is made available to the public. In case of literary, musical, or artistic work it extends throughout the lifetime of the author and even further after the author dies.It is granted for 20 years from the date of filing of application.It can be registered for a period of 10 years which can further be renewed for a period of 10 years on payment of prescribed fees.
Protection coversOriginal work of authorship such as books, articles, songs, sound recordings and like.Inventions such as –  particular process, composition involved in making an element. etc.Any word, symbol or other aspects  that distinguishes competitors in the same field from one another.
Rights grantedRight to control the reproduction, distribution of the original work.Right to prevent others from making, selling, or importing the patented invention.Right to use the mark and preventing others to use the same mark so that the goods or services are distinguished on the basis of the brand.
ExamplesOperating system such as Microsoft Windows.Telephone, microwave oven, computer mouse.McDonalds, Burger King.



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