Trademark vs Copyright vs Patent: What Every Business Owner Must Know
Introduction
Every business, big or small, creates intellectual property (IP)—be it a brand name, logo, invention, or creative content. But do you know how to protect it legally? This is where the concepts of trademark, copyright, and patent come into play.
This guide on Trademark vs Copyright vs Patent by CA Sweta Makwana & Associates, a trusted firm offering CA services in Mumbai, explains what each of these terms means, how they differ, and why protecting your IP is vital in 2025.
What is a Trademark?
A trademark is a symbol, word, phrase, logo, or combination that uniquely identifies your brand and distinguishes it from others.
Examples:
- Nike’s “Swoosh” logo
- “Tata” in the automotive sector
- The color purple associated with Cadbury
Key Features:
- Valid for 10 years and can be renewed indefinitely
- Can be filed under the Trademarks Act, 1999
- Protects brand identity in the marketplace
- Can be registered online via IP India Portal
Why It Matters:
Registering a trademark helps protect your brand from imitation and misuse. It builds consumer trust and boosts brand equity.
SEO Tip: Businesses often search “how to register a trademark in India”—so include that phrase if expanding this blog later.
What is a Copyright?
Copyright protects original literary, artistic, musical, and software works. It covers expression, not the idea itself.
Examples:
- A book written by an author
- Software code developed by a startup
- A logo design or marketing jingle
Key Features:
- Valid for the creator’s lifetime + 60 years
- Automatically granted upon creation, but registration is recommended
- Governed by the Copyright Act, 1957
What It Protects:
- Reproduction rights
- Adaptation and translation rights
- Distribution and performance rights
Copyright doesn’t protect slogans or names (those fall under trademarks).
What is a Patent?
A patent protects new inventions and innovations. It provides exclusive rights to the inventor to make, use, sell, or license the product or process.
Examples:
- A new pharmaceutical drug formula
- A unique mobile phone component
- An AI-based software process (if patentable)
Key Features:
- Valid for 20 years from the date of filing
- Must be novel, non-obvious, and useful
- Governed by the Patents Act, 1970
- Must be filed with the Indian Patent Office
Why It’s Crucial:
For tech companies and startups, patents protect R&D efforts and create competitive advantage.
Trademark vs Copyright vs Patent – The Key Differences
| Feature | Trademark | Copyright | Patent |
|---|---|---|---|
| What It Protects | Brand names, logos, taglines | Creative works: music, writing, art | New inventions or industrial processes |
| Legal Validity | 10 years (renewable) | Life of author + 60 years | 20 years (non-renewable) |
| Registration | Required for protection | Optional but recommended | Mandatory for legal protection |
| Laws Governing | Trademarks Act, 1999 | Copyright Act, 1957 | Patents Act, 1970 |
| Rights Given | Exclusive use of mark | Reproduction, distribution | Exclusive production and sale rights |
| Common Users | All businesses | Artists, authors, developers | Inventors, tech firms, R&D startups |
Trademark vs Copyright vs Patent – Which One Do You Need for Your Business?
You may need one or more forms of IP protection:
- A fashion brand may need trademark (logo), copyright (designs), and patent (if it invents a new fabric).
- A software startup may need copyright (code), patent (algorithm), and trademark (name).
- A consultant may only need copyright for written materials.
Why Protecting IP Matters in 2025
- Brand Imitation is on the rise due to e-commerce and social media.
- Foreign investors check for registered IP during due diligence.
- Strong IP can increase company valuation.
- Unregistered assets can result in legal disputes and lost revenue.
According to WIPO, India witnessed over 2.5 lakh trademark filings in 2024, with MSMEs contributing a major share.
How to Register Your IP (Trademark vs Copyright vs Patent) in India
You can file for IP rights via:
- IP India Website
- With the help of a CA, lawyer, or trademark attorney
Need help? Our firm, Makwana Sweta & Associates, offers intellectual property registration support as part of our Chartered Accountant services in Mumbai.
Common Mistakes to Avoid
- Using a brand name already registered
- Not filing for IP protection in time
- Confusing trademark with copyright
- Not protecting IP internationally
- Failing to renew trademarks or pay fees
How CA Sweta Makwana & Associates Can Help
At Makwana Sweta & Associates, we help startups, MSMEs, and creative professionals:
- Register trademarks, copyrights, and patents
- Handle renewals and oppositions
- Draft licensing agreements
- Ensure 100% legal and tax compliance
Our CA services in Mumbai are backed by domain expertise and nationwide reach.
Useful Resources
- Outbound Link: WIPO: Understanding IP
- Inbound Link: Our Services
Final Words
In today’s competitive landscape, IP protection is not just legal compliance—it’s a strategic necessity. Whether you’re a founder, artist, or investor, knowing the difference between trademark, copyright, and patent helps safeguard what you’ve built.
Protect your ideas. Protect your brand. Get expert guidance from Makwana Sweta & Associates, the go-to tax consultants in Mumbai and beyond.