Patent vs Trademark: Key Differences and When to Use Each
Confused between patent and trademark? This comprehensive guide explains the differences, costs, and helps you choose the right IP protection for your business.
Quick Comparison
| Aspect | Patent | Trademark |
|---|---|---|
| What It Protects | Inventions, technical innovations, processes | Brand names, logos, slogans, brand identity |
| Duration | 20 years (non-renewable) | 10 years (renewable indefinitely) |
| Registration Authority | Indian Patent Office (IPO) | Trademark Registry (TMR) |
| Registration Time | 3-5 years (regular), 6-12 months (startup expedited) | 12-24 months |
| Cost (Startup) | ₹35,000 - ₹2,00,000 | ₹10,000 - ₹20,000 per class |
| Public Disclosure | Yes - full technical details published | Yes - mark published in Journal |
| Examination Required | Yes - substantive examination for novelty | Yes - examination for conflicts |
| Maintenance | Annual renewal fees from year 3 | Renewal every 10 years + usage requirement |
What is a Patent?
A patent protects inventions and technical innovations. It gives you exclusive rights to make, use, sell, or import your invention for 20 years. Patents protect the functional aspects of products or processes. Learn more about our patent filing services in India.
- • New machine or device
- • Manufacturing process
- • Chemical composition or formula
- • Pharmaceutical drug
- • Software with technical application
- • Biotechnology innovation
- • Business methods or ideas
- • Mathematical formulas
- • Algorithms per se
- • Brand names or logos
- • Artistic works
- • Discovery of natural laws
Real Example: A company invents a new type of water purification filter. They can patent the filter design, purification process, and specific technical implementation. This prevents competitors from copying the technology. For startups, check our startup patent filing guide for cost-saving strategies.
What is a Trademark?
A trademark protects brand identity - names, logos, slogans, colors, or sounds that distinguish your goods/services from competitors. It protects the commercial identity, not the product itself. For trademark registration support, see our guide on trademark registration in Bangalore.
- • Company name (e.g., "Apple")
- • Product name (e.g., "iPhone")
- • Logo or design
- • Slogan (e.g., "Just Do It")
- • Shape of product/packaging
- • Sound or jingle
- • Generic terms (e.g., "Water")
- • Descriptive names without distinctiveness
- • Government symbols
- • Offensive/immoral words
- • Deceptively similar to existing marks
Real Example: The same water purification company can trademark their brand name "AquaPure" and logo. This prevents other companies from using similar names that could confuse customers, even if they sell different types of filters.
When to Get a Patent
- You've invented something new and novel
- Your innovation has technical advantages
- You want to prevent competitors from copying your technology
- You need licensing/fundraising leverage
- R&D investment needs protection
- • New medical device or diagnostic tool
- • AI/ML algorithm with technical application
- • Manufacturing process improvement
- • Chemical formulation or compound
- • Electronic circuit or hardware design
Learn the complete process: How to file a patent in India
When to Get a Trademark
- You want to protect your brand name
- You've designed a unique logo
- You need to prevent brand confusion
- Building brand value and recognition
- Launching a product or service
- • E-commerce platform name
- • Restaurant or cafe branding
- • SaaS product name
- • Fashion or apparel brand
- • Mobile app name and icon
Can You Have Both?
Yes! Patents and trademarks protect different aspects and can coexist. Many successful companies use both:
Patent protects:
- • The technology/invention itself
- • How the product works
- • Technical implementation
Trademark protects:
- • The brand name
- • Logo and visual identity
- • Product name
Example: Apple has patents for iPhone technology (touch screen, Face ID, etc.) AND trademarks for the "iPhone" name, Apple logo, and "Think Different" slogan.
Cost Comparison
Duration: 20 years (non-renewable)
Duration: 10 years (renewable indefinitely)
Still Confused? Get Expert Advice
Our IP attorneys in Bellandur, Bangalore can assess your needs and recommend the right protection strategy.