Aspect | Trademark | Patent | Copyright |
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Definition | A sign, word, logo, design, tagline, or combination that identifies and distinguishes goods/services of one business from others. | An exclusive right granted for an invention (product or process) that offers a new technical solution or improvement. | A legal right that protects original literary, artistic, musical, dramatic, and software works. |
Purpose | To protect brand identity and prevent consumer confusion. | To encourage innovation by granting inventors exclusive rights to their inventions. | To safeguard creative expressions and give authors control over use and distribution. |
Subject Matter | Brand names, logos, taglines, product shapes, colors, sounds. | New inventions, processes, machines, chemicals, technological innovations. | Books, films, music, paintings, computer programs, architectural works. |
Requirement for Protection | Distinctiveness (must distinguish goods/services). | Novelty, inventive step, and industrial applicability. | Originality (work must be author’s own creation). |
Term of Protection | 10 years (renewable indefinitely). | 20 years (non-renewable). | Lifetime of author + 60 years (in India). |
Territorial Scope | Territorial; protection only in the country of registration (unless filed internationally). | Territorial; requires separate filing in each country (though PCT allows international filing). | Territorial but often recognized globally under Berne Convention. |
Examples | Nike’s swoosh logo and “Just Do It” tagline. | The iPhone’s multi-touch screen technology patent. | The Harry Potter books, music albums, software like Microsoft Windows. |
Purposes in Brief
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Trademark → Protects brand identity, builds goodwill, and prevents confusion in the marketplace.
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Patent → Protects inventions, promotes technological advancement, and encourages research & development.
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Copyright → Protects creativity and ensures authors/artists get recognition and financial benefits from their works.