Difference Between Patent and Trademark

Patent vs Trademark

There were times when original creations and inventions of genius’ were stolen or reproduced by others, and those who deserved all the applause and credit had no other choice, but to feel depressed and sulk. But, the situation has undergone a sea of change and today creative people need not be afraid of theft or reproduction of their brilliant ideas or creations as there are legal provisions that are enough to deter others from copying an individual’s brilliance. The words like copyright, patent, and trademark have become commonplace today. However, despite knowing that these are measures to deter others from copying ones efforts, there are many who remain confused between provisions and features of patent and trademark. This article attempts to highlight these differences to let people make use of either of the two depending upon their requirements.

If you are an artist or an author, it is copyright that is the protector of any piece of music or text that you have produced and are worried anyone else might copy or reproduce it. If you get your piece or composition registered under copyright Act 1976, you get sole rights to reproduce your original work publicly without the fear of it being copied by others.

A patent is granted to an invention that is original and has features that have not been there before. Patent rights are granted for 20 years, and are applicable in the country of the patent seeker. A patent is granted by Patent and Trademark Office after careful study of the invention and takes much longer time for approval than copyright or trademarks. Even the fee that is charged for patents is higher than it is for trademarks. Patents are given in many fields and even a medical cure (through a drug or a therapy) can be granted a patent if it can be proved that the cure is original and not used before anywhere else. Patent office charges fee for maintenance of patent rights also.

Trademark is something (a logo, a text, sound, a mascot, or an image) that is associated with the products and services of a company, and is helpful in allowing customers to recall about the company when they see or hear this trademark. Who can forget the logo of McDonald’s and KFC and their value for their respective companies in bringing in more customers and generating more sales? If you have a trademark that is really helpful to you, you better get it registered in the trademark and patent office to deter others from adopting a similar or deceptively similar logo being adopted by your rival.

Both a patent as well as trademark are considered intellectual property rights of the owner and they can be sold, bought, or mortgaged anytime the owner so wishes.

What is the difference between Patent and Trademark?

• Patent is given in the field of inventions and mechanisms that have never been produced before. It is granted for a period of 20 years and grants ownership rights to the inventor.

• Patents are granted in a number of fields and even medical cures (drugs and therapies) are considered under patents.

• Trademark is a logo, image, text, or even sound that has the power to remind people about the products and services of a company.

• The application for a patent carries higher fee than that for trademark.

• Both trademark and patent are given by Patent and Trademark Office.