“Can I patent my logo?” “How do I copyright my brand name?” These mix-ups are common — and they matter, because using the wrong type of protection can leave your most valuable assets exposed. In India, three core rights do three very different jobs.
The one-line version
- Patents protect inventions — how something works.
- Trademarks protect brand identifiers — how customers recognise you.
- Copyright protects creative expression — original works you create.
Patents (Patents Act, 1970)
A patent gives you the right to stop others from making, using, or selling your invention for up to 20 years from the filing date, in exchange for publicly disclosing how it works. To qualify, an invention must generally be new, involve an inventive step, and be capable of industrial application. Renewal fees keep it in force from the third year onwards.
Trademarks (Trade Marks Act, 1999)
A trademark protects the signs that tell customers a product comes from you — your name, logo, or slogan. Registration lasts 10 years and is renewable indefinitely. After examination, a mark is published in the Trade Marks Journal, and third parties have four months to oppose before it proceeds to registration.
Copyright (Copyright Act, 1957)
Copyright protects original creative works — writing, art, music, software, and more. In India it arises automatically on creation; registration is optional but provides useful prima facie evidence of ownership. For literary and artistic works, protection generally lasts the author’s lifetime plus 60 years. Copyright protects the expression, not the underlying idea.
Quick comparison
| Patent | Trademark | Copyright | |
|---|---|---|---|
| Protects | Inventions | Brand identifiers | Creative works |
| Governing law | Patents Act, 1970 | Trade Marks Act, 1999 | Copyright Act, 1957 |
| Term | 20 years | 10 years (renewable) | Life + 60 years (typical) |
| Registration | Required | Recommended | Optional |
You may need more than one
A single product can carry several rights at once. An app could hold copyright in its code and graphics, a trademark in its name and icon, and possibly a patent in a novel feature — with trade secrets covering its private algorithms.
Your next step
List your business’s names and logos (trademark territory), your original content and code (copyright), and any genuinely novel inventions (possible patents). That single inventory shows where your protection gaps are. Need help? Raise a query with IPVigil.
This article is general educational information and is not legal advice. For your specific situation, consult a qualified IP professional.