Trademark vs Copyright vs Patent — What Protects What? (2026)
Trademark vs copyright vs patent — what each protects, duration, cost, when to use. Choose the right IP protection for your business.
Intellectual property (IP) is one of the most valuable assets for any business. But many founders confuse trademark, copyright, and patent. In this guide, we explain what each protects and when to use.
Trademark — Protects Brand
A trademark protects: brand name, logo, tagline, combination, sound, color, shape. Used for: brand identity, marketing, customer recognition. Duration: 10 years (renewable indefinitely). Symbols: ™ (unregistered) / ® (registered).
Copyright — Protects Creative Works
Copyright protects: original literary, musical, artistic, dramatic, cinematographic, software works. Used for: books, articles, software code, music, art, films. Duration: Author lifetime + 60 years. Symbol: ©.
Patent — Protects Inventions
A patent protects: new inventions, processes, machines, compositions. Used for: tech innovations, manufacturing processes, chemical compounds, biotech. Duration: 20 years. Symbol: Patent number.
Comparison
| Parameter | Trademark | Copyright | Patent |
|---|---|---|---|
| Protects | Brand identity (name, logo, tag) | Creative expression (text, art, music, code) | Invention (process, machine, composition) |
| Duration | 10 years (renewable) | Author lifetime + 60 years | 20 years (not renewable) |
| Registration | Recommended (not mandatory) | Optional (but recommended) | Mandatory for protection |
| Cost | ₹4,500 + service | ₹500 + service | ₹5,000+ + service |
| Time to register | 8-18 months | 8-18 months | 3-5 years |
| Renewal | Every 10 years | Lifetime (no renewal) | Annual annuity (after 3rd year) |
| Symbols | ™ / ® | © | Patent No. |
| Examples | Apple®, Zomato®, Razorpay® | Harry Potter, Marvel, Linux | CRISPR-Cas9 gene editing, specific smartphone hardware features |
When to Use What
| Business Need | Use |
|---|---|
| Brand name + logo | Trademark |
| Product name | Trademark |
| Tagline / slogan | Trademark |
| Website content (text) | Copyright |
| Website code | Copyright |
| Mobile app code | Copyright |
| Logo design (the artwork) | Copyright + Trademark |
| Music / video | Copyright |
| Invention / tech innovation | Patent |
| Manufacturing process | Patent |
| Chemical compound | Patent |
| Software algorithm | Copyright (and sometimes patent) |
| Brand character (mascot) | Copyright + Trademark |
| Brand packaging design | Copyright + Trademark |
Can a Logo Be Both Trademark and Copyright?
Yes! A logo can be both trademark and copyright. Trademark protects the brand identity (used in commerce). Copyright protects the original artwork (the design). Register both for maximum protection.
Can a Brand Name Be Copyrighted?
No. Brand names, product names, taglines, slogans are protected by trademark, not copyright. Copyright protects literary / artistic / musical works. Brand names are short phrases, not covered by copyright.
Can Software Be Patented?
A computer programme per se, an algorithm, or a mathematical or business method cannot be patented in India (Section 3(k) of the Patents Act). But a computer-related invention that solves a technical problem and produces a technical effect or contribution can be, even without novel hardware (Delhi High Court, Ferid Allani, 2019, and the Patent Office guidelines on computer-related inventions). Most software is protected by copyright, not patent.
IP Strategy for Startups
- Trademark: Brand name + logo (register early, before launch)
- Copyright: Website content, code, marketing materials (automatic on creation, but register key assets)
- Patent: Only if you have a genuinely novel invention
- Trade secrets: Confidential business info (customer lists, algorithms, formulas)
- Design registration: the shape, pattern or ornamentation of a product, under the Designs Act, 2000 (10 years, extendable once by 5 years)
- Domain name: Register before trademark (to prevent cybersquatting)
Cost
| IP | Cost |
|---|---|
| Trademark (1 class) | From ₹2,199 |
| Trademark (2 classes) | From ₹8,999 |
| Copyright | From ₹3,599 |
| Patent (provisional + complete) | From ₹17,499 |
| Patent (PCT international) | From ₹99,999 |
| IP package (TM + Copyright + design) | Quoted on scope |
Frequently Asked Questions
Q: Do I need all 3 (trademark, copyright, patent)?
A: For most businesses, you need trademark (for brand) + copyright (for content/code). Patent is only for genuinely novel inventions.
Q: What is the most important IP for a startup?
A: Trademark. Your brand is your most valuable asset. Register the brand name + logo before launch.
Q: How much does it cost to protect IP in India?
A: For a typical startup: ₹5-15K for trademark + ₹3-5K for copyright. Plus optional ₹20-50K for patent (only if you have an invention).
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