Most businesses that come to us already know they need to protect something. What they are unsure of is which right does it. Choosing wrongly costs a year and a filing fee, so here is the distinction in plain terms.
The four rights, side by side
| Right | Protects | Term |
|---|---|---|
| Trademark | Brand names, logos, taglines — the identity of goods and services | 10 years, renewable indefinitely |
| Copyright | Original literary, dramatic, musical and artistic works, software, films, recordings | Lifetime of the author plus 60 years |
| Patent | New, useful and non-obvious inventions — function, process or construction | 20 years from filing |
| Design | The appearance of an article: shape, configuration, pattern, ornament, colour | First-to-file; registered under the Designs Act, 2000 |
Trademark or copyright for a logo? Both.
A logo is simultaneously a badge of origin and an artistic work. Registered as a trademark, it stops competitors from trading under a confusingly similar mark. Registered as an artistic work under the Copyright Act, its font, get-up and colour scheme are protected as expression. Where a logo carries both registrations, an infringer can be sued on two counts — one under the Trade Marks Act and one under the Copyright Act. That double registration is one of the least expensive and most useful things a growing brand can do.
Patent or design?
A patent covers what a product does — its function, operation or construction. A design covers only what it looks like and can never protect function. Many new products deserve both, and where they do, the sequencing of the two applications is critical: publication of one right can destroy the novelty required for the other. This is a decision to take before either application is filed, not after.
What none of them protect
- Ideas, procedures, methods of operation and mathematical concepts
- Titles on their own, names, short word combinations, slogans and short phrases (copyright does not reach these — a trademark may)
- A company name approved by the Registrar of Companies. ROC approval is not a trademark and gives you no right to stop anyone using the name as a brand
- An unregistered mark, in any action for infringement under the Trade Marks Act
A quick way to decide
- You are naming something customers will recognise → trademark
- You created something — artwork, code, text, music, a logo design → copyright
- You invented something that works in a new way → patent
- You designed how a product looks → design registration
- You are doing more than one of the above → almost certainly a combination, filed in the right order
Frequently asked questions
My company name is registered with the ROC. Is my brand protected?
No. Company name approval at the Registrar of Companies does not confer trademark rights. It is common for a company to hold a registered name and still be unable to stop a competitor using it as a brand. We usually file the trademark alongside incorporation for exactly this reason.
Can the same product have both a patent and a design registration?
Yes — a new product may perfectly well include both new functions and a new appearance. The timing of the two applications is crucial, because the publication of one right must not destroy the novelty of the other.
Is copyright registration compulsory?
Copyright subsists automatically in an original work, but registration provides the documentary evidence that makes enforcement practical. It is a one-time registration with no renewal.
This guide is general information, not legal advice, and statutory fees change from time to time. For a position specific to your mark, call +91 86053 56883.