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There are many ideas that come across your mind. When you turn these ideas into creation, it is called as intellectual property. There are various types of intellectual property such as Copyright, trademark and patent. In this article we shall take a look at the difference between Trademark and Patent.
Trademark is a symbol, phrase, design which is used by the enterprises in the trade of goods or services. It distinguishes the products of one of the other similar products of competitors. It is defined under the Trade Mark Act 1999. It is mainly a mark which is capable of differentiating the goods or services of one person from the goods or services of another.
Trademark rights protect the brand name or the slogans of the business. It is used to prevent the business from using a similar symbol or mark. Trademark registration is not mandatory.
The trademark should not be descriptive but it should be small and satisfy the requirements of the registration. It creates an image for the products of the business.
Anyone who wishes to register the trademark can register the trademark with the authority.
The trademark application can be filed online on ipindia.gov.in by professionals.
The benefits of Trademark are laid down below:
Patent is an exclusive right given to a patentee for its invention for the limited period of time. It is a right granted by the government. The investor can control the using, selling, or importing of patented products by others. It provides a monopoly to the inventor.
It encourages inventors to derive benefit from their inventions. Inventions must be novel which means that it should not previously exist. It must be non-obvious that it improves the existing technology. It must be useful and that cannot be used for the illegal purpose.
A patent can be obtained only for the new and useful invention. It must relate to a machine or produced by a manufacturer. An invention must be patentable. All the inventions are innovations and patentable but all the innovations are not patentable inventions.
The applicant becomes the owner of the patent when a patent is granted. A patent can be bought, sold or licensed. The patent provides the territorial right only. An Indian patent provides rights only in India. Patent Registration is mandatory for the one who wants to protect his invention.
The benefits of Patent are laid down below:
The following are the points of difference between trademark and patent:
For easy understanding we have made a Comparison table below.
Trademark and patent applications are examined by the controller general of patents, designs and trademarks, Ministry of Commerce And Industry.
The trademark registration application shall be filed in the manner prescribed along with the fees prescribed.
A patent application is filed in a prescribed manner with the appropriate fees. A patent application is published only after the expiry of 18 months in case no request is filed for the early publication.
Trademark is a mark, symbol or word which is used by the businesses in relation to a trade of goods or services. It provides protection to the owner of the trademark in respect of their product and differentiates it from the similar products of others in the market. On the other hand, Patent provides an exclusive right to patentee regarding his/her invention and restrict others from using, selling or importing the invention. This sums up the basic difference between trademark and patent.
Read our article:
International Trademark Registration: A Route to Global Branding
Ashish M. Shaji has done his graduation in law (BA. LLB) from CCS University. He has keen interests in doing extensive research and writing on legal subjects especially on corporate law. He is a creative thinker and has a great interest in exploring legal subjects.
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