Trademark vs. Copyright vs. Patent: What’s the Difference?
June 14, 2025
For entrepreneurs, startups, and creators, intellectual property (IP) is a vital asset. However, understanding the differences between a trademark, copyright, and patent is often a source of confusion. Each form of IP protects a different type of creation and offers different legal rights.
This article outlines the key distinctions to help you identify the right protection for your work and avoid costly mistakes.
1. What is a Trademark?
A trademark protects brand identifiers such as names, logos, taglines, symbols, and even packaging elements that distinguish a business or product in the market.
Purpose:
To help consumers identify the source of goods or services and prevent brand confusion.
Examples:
- Brand names like Nike, Zomato
- Logos such as the Apple logo
- Taglines like “Just Do It”
Duration:
Valid for 10 years (in India) and can be renewed indefinitely.
Who should register:
Businesses, startups, or individuals who want exclusive rights to their brand identity in commerce.
2. What is Copyright?
Copyright protects original creative works such as literary, musical, artistic, or cinematic content. It ensures that the creator has control over how their work is used, reproduced, or distributed.
Purpose:
To protect the expression of ideas, not the idea itself, in tangible form.
Examples:
- Books, blogs, poetry
- Music compositions, songs, lyrics
- Photographs, films, websites, software code
Duration:
For individuals, lifetime of the author plus 60 years. For companies, 60 years from publication.
Who should register:
Writers, designers, musicians, filmmakers, software developers, and other content creators.
3. What is a Patent?
A patent protects inventions or new technical solutions. This includes processes, machines, products, or compositions that are novel, non-obvious, and industrially applicable.
Purpose:
To provide the inventor with exclusive commercial rights for a limited period in exchange for public disclosure of the invention.
Examples:
- A new pharmaceutical formula
- A unique mechanical device
- An innovative software algorithm (in some cases)
Duration:
20 years from the date of filing (subject to annual renewals).
Who should file:
Inventors, product developers, R&D-driven companies, tech startups.
Conclusion
Understanding the distinction between trademark, copyright, and patent is essential for securing your intellectual assets. Filing the right IP at the right time ensures legal protection, commercial leverage, and long-term value for your business or creation.
At IP Master, we help clients identify and secure the most appropriate form of intellectual property whether it’s a brand name, a work of art, or a new invention.
Need clarity on what protection your idea needs? Let’s talk.