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Business owners often mix up intellectual property terms. Knowing trademark vs copyright (and patents) helps you protect the right things and respond correctly when someone copies you.
Quick comparison
| Trademark | Copyright | Patent | |
|---|---|---|---|
| Protects | Brand identifiers: names, logos, taglines | Original creative works: text, photos, designs, code, music, video | New inventions: products, processes |
| Arises | Use and/or registration (registration strongly advised) | Automatically on creation | Only on grant after application |
| India law | Trade Marks Act, 1999 | Copyright Act, 1957 | Patents Act, 1970 |
| Duration | 10 years, renewable indefinitely | Typically author's lifetime + 60 years for many works | Generally 20 years from filing |
| Website example | Your business name and logo | Your website text, photos, custom design | A new technical method (rare for websites) |
Which applies when someone copies you?
- Copied your photos or text? Copyright. See report copyright infringement
- Using your business name or a similar logo? Trademark (and possibly passing off). See someone using my business name
- Built the same machine you invented? Patent, if you hold one
Logos: both copyright and trademark
A logo is an artistic work (copyright) and a brand identifier (trademark). Trademark registration is usually the more powerful protection for brands. See logo copyright and trademark.
Designs
Product shapes and ornamental designs may be protected under the Designs Act, 2000. Relevant for manufacturers, not usually for websites.
Domain names
A domain isn't automatically a trademark, but trademark rights can help in domain disputes. See .in domain disputes.
Trade secrets
Confidential business information (customer lists, pricing logic) is protected through contracts and confidentiality, not registration.
FAQs
Can I copyright my business name?
No. Names and short phrases are generally protected by trademark law.
Do I need all three?
Most small businesses need trademark (brand) and copyright (content) awareness. Patents are for genuine inventions.
This article is general information, not legal advice.
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