What is the difference between trademark, patent and copyright?
A trademark protects brand identifiers like your name, logo and tagline (Trade Marks Act, 1999 — 10 years, renewable forever). A patent protects new inventions and processes (Patents Act, 1970 — 20 years, not renewable). Copyright protects original creative works like writing, music, software code and art (Copyright Act, 1957 — lifetime of the author plus 60 years).
Founders and creators mix these three up all the time — and filing the wrong one wastes months and money. Here is the practical difference under Indian law.
The three protections, side by side
| Trademark | Patent | Copyright | |
|---|---|---|---|
| What it protects | Brand identity — name, logo, tagline, sound, shape of goods | Inventions — new products, processes with industrial application | Original expression — books, music, films, art, software code |
| Governing law | Trade Marks Act, 1999 | Patents Act, 1970 | Copyright Act, 1957 |
| Duration | 10 years, renewable indefinitely | 20 years from filing, not renewable | Author’s lifetime + 60 years |
| Registration needed? | Not mandatory, but strongly advised — registration gives exclusive statutory rights | Mandatory — no patent rights without a granted patent | No — copyright exists automatically on creation; registration is optional proof |
| Government fee (typical) | ₹4,500 per class (individual/startup/MSME, e-filing) | ₹1,600–₹8,000 filing + examination and renewal fees | ₹500 per work (literary/artistic) |
| Example | The name “Amul” and its girl mascot | A new drug molecule or engine design | The lyrics of a song, this article, your app’s source code |
Which one does your business actually need?
- Launching a brand, shop or app? Trademark your name and logo first — it is the cheapest protection and stops copycats trading on your goodwill.
- Built something technically new? Talk to a patent professional before disclosing it publicly — public disclosure before filing can destroy patentability.
- Writing, designing, composing or coding? You already own the copyright. Register it only when you need courtroom-ready proof of ownership.
Many businesses need more than one: a phone maker holds patents on its camera tech, trademarks on its logo, and copyright in its ads and software.
Three costly mistakes to avoid
- Assuming company registration protects the name. Registering a company or GST does not give trademark rights — someone else can still register “your” name as a trademark.
- Disclosing an invention before filing a patent. A demo at a trade fair or a YouTube launch can count as prior publication.
- Copy-pasting a “royalty-free” asset without reading the licence. Free rarely means unrestricted commercial use.
This article is general information, not legal advice. For advice on your specific situation, consult a qualified professional.
Frequently asked questions
Can I trademark a name that is already a registered company name?
Company (MCA) registration and trademark registration are separate systems. A name available on MCA may already be trademarked, and vice versa. Always run a trademark search on the IP India public database before committing to a brand name.
Is registering copyright mandatory in India?
No. Copyright arises automatically the moment an original work is created. Registration under the Copyright Act is optional, but the certificate is strong prima facie evidence of ownership in an infringement dispute.
How long does a patent last in India?
20 years from the filing date, subject to payment of annual renewal fees. After expiry, the invention enters the public domain and anyone may use it.
Can software be patented in India?
Software as such is not patentable under Section 3(k) of the Patents Act. Software code is protected by copyright, and a software-driven invention may be patentable if it demonstrates a technical effect combined with hardware. This is a nuanced area worth a professional opinion.
What does a trademark cost in India in 2026?
Government e-filing fee is ₹4,500 per class for individuals, startups and MSMEs (₹9,000 for other companies), plus professional drafting/filing charges if you use an attorney. Registration lasts 10 years and can be renewed indefinitely.
