Watching your invention or any idea to be under someone else’s ownership, be it a book or a machine. So, you start considering the options to get copyright, patent or trademark for your product and legally have the authority. But what should you opt for? Should you trademark your product or get a patent for it? Don’t worry as after reading this guide on Copyright Vs Trademark Vs Patent.

1. COPYRIGHT VS TRADEMARK VS
PATENT: WHAT TO CHOOSE? [KEY
DIFFERENCES]

2. Watching your invention or any idea to be under someone else’s
ownership, be it a book or a machine. So, you start considering the
options to get copyright, patent or trademark for your product and
legally have the authority. But what should you opt for? Should you
trademark your product or get a patent for it? Don’t worry as after
reading this guide on Copyright Vs Trademark Vs Patent, you will have
clear idea about-
● the difference between patents, copyrights and trademarks
● their costs and,
● which one is the best for you You will be able to make a sound
decision on the basis of varying factors including benefits, duration and
eligibility that come with each of them.

3. Patents, Copyrights and
Trademarks- What is Best?
There are different ways to protect the product or service that come out of the
veil as your creation. If you have clicked a photo or authored a book, then you
will go for a copyright. You will opt for a trademark protection if you operate a
business and a patent is likely to be your take on protection if you have created
something that stands out and is of some use.
In order to get your IP or Intellectual Property protected, you need to
understand the right way to do it. It is an important question of what to choose
between patents, copyrights and trademarks as each administers different
products and duration along with multiple benefits.

4. What is Copyright?
A copyright refers to a collection of rights that are automatically
endowed to you after you have composed an original work. In order to
understand the rights under copyright, it is best to analyse them in a set
of sticks wherein each stick expresses a right granted to you as the
owner. This will enable you to see how to use or licences these rights.
This collection of rights comes in different facets including the right to
prepare derivative works, reproduce the work, distribute copies, display
the work publicly and perform the work publicly.

5. What is a Trademark?
A trademark, as specified by the USPTO, refers to a word or phrase, symbol
or/and design that expresses and distinguishes the form of the work of one
entity from that of others. A service mark means a word, phrase, or any
symbol, and/or design that distinguishes one form of creation from the form of
a service rather than the item or goods. You can understand a trademark in the
face of examples such as brand names, logos and slogans. Registering a
trademark betters the rights of an individual by granting legal evidence as well
as public notice of ownership. It acts as evidence enough of a nationwide right
to the mark and enables the individual to sue anyone who practises
infringement. Know that registered trademarks can use the symbol ®.

6. Trademark Cost in the USA
The cost of trademark registration in the USA depends on the class of
goods and items. It also depends on the type of trademark application
you are filing. Then, you also have to bear the maintenance cost for the
same.
The trademark federal filing costs around $350 for a single class of
goods and the legal fee will fall around $950. You will have to pay the
same cost of filing registration for each class in case you have multiple
goods and items that are categorised under different classes. Then there
is an application for renewal which you have to file every 10 years. This
will cost you $525 as a filing fee

7. What is Patent?
A patent helps protect your original invention for a certain span of time
and it is provided by the United States Patent and Trademark Office
(USPTO). An incentive is given for companies/ individuals for continuing
to develop innovative products and/or services by granting the rights for
producing a product without the risk of competition for the duration of
the patent registration.
As far as the cost of patents in the US is concerned, the figure varies
from type to type. While a design patent costs between $2,000 to
$5,500, getting a plant patent will cost you between $4,500 and $7,620.

8. Benefits of Copyright
• Legal Protection The most important benefit that a copyright registration comes
bearing for you is under the law. The step of registration shelters your published
work and keeps it safe and sound. In absence of such registration, it can be a
challenging task for you to prove your case in court. For instance, a film producer
may launch a movie that looks similar to one that has been released before but this
movie can’t be proved to be plagiarized in court without a copyright registration.
• No financial loss One of the major advantages of copyright protection is the
prevention of monetary losses that may arise from copies of the original work
being made out there. Works including music videos and books are examples of
inventions showing how creation is copied and shared. A creation like movies or
software is downloaded and shared illegally. It then results in a massive loss for the
creators and authors. Copyright makes sure that the inventor is steered clear of any
such risk of monetary downfall due to piracy.
• Prestige and Reputation Copyright registration makes sure that the reputation of
the creator or author remains protected by taking care of their work. For instance,
a music composer/ author can prevent shoddy copies of their work, avoiding any
loss of reputation. One more advantage of copyright protection is that it allows the
holder to enjoy the prestige that a certain work of composition belongs to them.

9. Benefits of Trademark
• Exclusivity of Rights The owner of the Registered Trademark rejoices in the
exclusive rights over the trademark. The owner can count on the same for
all the products that fall under the classes applicable. The owner also enjoys
the sole ownership of the Trademark and they can stop others from the
unauthorised practice of the Trademark under the class where it is
registered. It comes with the right to sue the person practising the
unauthorised use of the Trademark.
• Recognition of Product A trademark makes it easy to spot your products. It
makes your product recognizable and shapes its identity of products
differently from that of other existing and foreseen products in the same
field. Overall, it turns out to be an efficient commercial tool given that the
logo easily conveys your vision and unique characteristics of your brand.
• The ® symbol Once you have got the trademark registered, you can start
using the ® symbol on the logo stating that it is your registered trademark
and others cannot use the same trademark. This symbol is exclusive to all
kinds of usages and rights. In case someone else uses the trademark then
you have the right to sue that party provided your trademark is registered.

10. Benefits of Patents
• Safeguards the invention A patent allows you to enjoy the right to prevent
others from manufacturing, copying, selling or importing your creation
without your permission. It helps you safe-keep your intellectual property.
• Rights on the usage of the invention One of the important benefits of
patents is that you can use this invention yourself. This is not it, you have
the authority to licence your patent for anyone other than you to use it. You
can also sell it.
• Monetary gains Since you have the right to sell your patent-protected
invention, you enjoy the scope to welcome revenue for the business. Know
that a number of businesses exist only to enjoy the royalties gained from a
patent they have licensed.
• Safekeeping of Product for a Long Duration Another benefit of patents is
that you can enjoy the protection of a patent for a predetermined period
which also allows you to restrict your competitors to the bay.

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