Trademark vs. Copyright vs. Patent: What Every Indian Business Must Know

Introduction

In today’s fast-paced and IP-driven economy, knowing how to protect your ideas is as important as the ideas themselves. Yet, many Indian startups and businesses confuse the three pillars of intellectual property protection: trademark, copyright, and patent.

Using the wrong form of protection—or failing to use any at all—can lead to lost revenue, brand theft, and costly legal battles.

This guide breaks down the key differences, real-world examples, and practical advice on which IP right applies to your business asset.

🛡️ What Is a Trademark?

A trademark protects brand identifiers—names, logos, slogans, packaging, or even unique sounds—that distinguish your goods or services from others.

📌 Example: The Nike name, its Swoosh logo, and the slogan “Just Do It” are all registered trademarks.

✅ Key Features:

• Protects brand identity

• Valid for 10 years (renewable indefinitely)

• Must be distinctive and non-generic

• Registered with the Trademark Registry (India)

💼 Best For:

• Startups and companies branding products or services

• Influencers protecting usernames and merch names

• Franchises and e-commerce sellers

🎨 What Is Copyright?

A copyright protects original creative works such as music, code, literature, videos, graphics, and artistic expressions.

📌 Example: The code of your mobile app, your website’s written content, or your Instagram reel.

✅ Key Features:

• Protects expression, not ideas

• Automatic upon creation—but registration is proof of ownership

• Lasts 60 years from the author's death (in most cases)

• Registered with the Copyright Office

💼 Best For:

• Creators, developers, content producers

• Businesses publishing original articles, videos, reports

• Artists, musicians, software companies

⚙️ What Is a Patent?

A patent protects novel inventions—functional products or processes that offer a new technical solution.

📌 Example: A new type of water purification device, AI algorithm, or drug formulation.

✅ Key Features:

• Must be novel, useful, and non-obvious

• Grants exclusive rights for 20 years

• Complex application, often requires a patent attorney

• Registered with the Indian Patent Office

💼 Best For:

• Tech startups, R&D labs, healthcare innovators

• Hardware and IoT product inventors

• Businesses building defensible, high-tech IP

📊 Quick Comparison Table

IP Type	Protects	Duration	Registration Required?	Governing Body
Trademark	Brand name, logo, tagline	10 years (renewable)	Yes	Trademark Registry
Copyright	Creative expression (code, content)	Life + 60 yrs	Recommended	Copyright Office
Patent	Inventions, processes, technology	20 years	Yes	Indian Patent Office

⚠️ Common Misconceptions

• “I own the domain name, so I own the trademark.” ❌False. Domain ownership ≠ trademark rights.

• “Copyright protects my business idea.” ❌No. Copyright protects how you express it, not the idea itself.

• “My product is innovative, I should patent it.” ❌Only if it meets the novelty and inventive step criteria under Indian patent law.

📌 Why Registration Matters

While some rights arise automatically (like copyright), enforcing your IP in court becomes far easier if it's registered.

A registered IP right allows you to:

• Prevent unauthorized use or imitation

• License your IP for revenue

• Increase your startup’s valuation

• File takedown requests on platforms like Amazon, YouTube, etc.

🔚 Conclusion

If you're a business owner, startup founder, or creator, understanding which IP right applies to your work is essential. Filing for protection early can save you from years of litigation, brand theft, and lost commercial opportunities.

At Apar Law, we offer:

• Trademark, copyright & patent registration

• IP due diligence for startups and investors

• Drafting of licensing and assignment agreements

• Enforcement and takedown strategies across platforms

💼 IP is your most valuable digital asset—let us help you protect and monetize it.