Trade Mark, Copyright and Patent
Entities possess names like ABC Enterprises, ABC & Co, ABC Pvt Ltd etc.
Many businesses carry brand names like Cogzidel, Cogzidel Templates, Cogzidel Technologies etc.
To express brands, organizations use logos like- ‘tick’ symbol for Nike.
In order to reach the minds of the market, these are required. This shows the identity of each product / service in the industry. Hence, business organizations take adequate care in selecting the names for the business / brand and for designing the logos.
– Is it complete if the brand name is selected and the logo is designed?
– What happens if someone uses the same for their business and tries to dilute your business?
– Even if you seek for justice in the court, how are you going to prove that you are the original owner?
All the efforts that you take for making the brand to reach the market will deteriorate if someone represents yourself by using your brand name and logo for their business purposes.
In order to protect the entities in cases like this, there are concepts like Trade Mark / Copyright / Patent. Let’s see what these are for:
What is Trade Mark ?
Trade mark protects the brand identity of goods and services. It allows distinctions to be made between different traders.
Those who want to trade mark their brand name / logo, has to approach the Regional Office of the Trade Mark Registry, with the relevant documents.
Upon due evaluation of the application with facts and figures, the Registry will sanction the trade mark right to the applicant.
Those who carry the certificate are considered to be the original owner of the brand name / logo.
What is Copyright ?
While Trade Mark is for protecting the brand name and logo, Copyright is for protecting the original work of authorship such as literary works, dramatic, musical and artistic works, cinematographic films and sound recordings. ‘Original work’ means that the work has not been copied from any other source.
Copyright indicates a bundle of exclusive rights vested in the owner of copyright. This right can be exercised only by the owner of copyright or by any other person whom he duly licenses in this regard. Those who obtain copyright possess the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public etc.
Copyright protection will commence from the moment a work is created, and its registration is optional. However it is advisable to obtain a registration for a better protection from competitors.
The author or creator of the work is the first owner of copyright. An exception to this rule is that, the employer becomes the owner of copyright in circumstances where the employee creates a work in the course of and scope of employment.
Registration formalities are simple and the paperwork is least. In case, the work has been created by a person other than employee, it would be necessary to file with the application, a copy of the assignment deed.
What is Patent ?
Patent is an exclusive right given by the Government for the invention of something which is new, useful, inventive and industrially applicable.
It prevents others from making, using, selling, or distributing the patented invention without permission of the original owner.
Illustration for Trade Mark, Copyright and Patent:
Following example explains what is Trade Mark, Copyright and Patent; and also the difference between them:
Let us assume, Mr. X invents a Laser clock. He names the clock as “Sun-Moon timer”. He designs the clock in such a way that it looks like both ‘Sun’ and ‘Moon’.
He has to Trade Mark the name “Sun-Moon timer”, as it is a brand name.
He has to obtain Copyright for the design, as it is an artistic work.
He has to obtain Patent for the Laser-display technology, as it is an invention.
Those who are interested in protecting their brands, ideas and invention, can catch us at email@example.com and we shall be glad to help you.