Patent vs trademark vs copyright (and design): which protection do you need?

"Should I patent my brand name?" "Is my logo copyrighted?" "Can I trademark my app?" These are some of the most common questions founders ask, and the confusion is understandable: patents, trademarks, copyright and designs all fall under intellectual property, but each protects something different, under a different law, for a different length of time. Picking the wrong one can leave the valuable part of your business unprotected.

This guide explains each one in plain language, shows how they work together for a real business, and helps you decide what to file first.

The short version

Patent and trademark government fees shown are for individuals, startups and small entities filing online. Other applicants pay more. Professional fees are separate.

Patent: protects how something works

A patent gives you the exclusive right to make, use, sell or import an invention in India for 20 years from the filing date. An invention is a new product or process that involves an inventive step (it isn't obvious to an expert in the field) and can be used in industry.

Examples: a new water-purification method, a more efficient engine part, a pharmaceutical formulation, a device that monitors crops, a technical method inside an app that reduces data usage.

• You must file before you go public. Showing the invention at an event, publishing a paper or selling the product before filing can destroy its novelty.
• Ideas, business methods and computer programs as such can't be patented. A software-related invention can be, if it produces a technical effect.
• A provisional application lets you lock in your filing date for ₹1,600 (for individuals, startups and small entities) and file the complete specification within 12 months.

Read our step-by-step guide: how to patent an idea in India, or estimate the official fees with the patent fee calculator.

Trademark: protects your brand

A trademark is anything that identifies your goods or services and sets them apart from others: a brand name, logo, tagline, label, product packaging, or even a sound. Registration gives you the exclusive right to use it for the goods or services you filed for, and the right to sue anyone who uses a confusingly similar mark.

Examples: the name of your café, your app's name and icon, a clothing brand's logo, a product's tagline.

• You can use ™ from the day you file, and ® once it's registered.
• Trademarks are filed by class. There are 45 classes of goods and services, and you file in each class you trade in.
• Registration lasts 10 years and can be renewed again and again, as long as you keep using the mark.
• Company or GST registration is not a trademark. Registering "XYZ Private Limited" with the MCA does not stop someone else registering XYZ as a trademark.

See the trademark registration process and timeline for what happens after filing.

Copyright: protects creative work

Copyright protects original creative expression: written content, software code, photographs, illustrations, music, videos, films and sound recordings. It protects the expression, not the underlying idea. Someone can write their own article on the same topic; they can't copy yours.

Examples: your website text and blog posts, your app's source code, your product photos, a training video, an original illustration on your packaging.

• Copyright exists automatically the moment the work is created. You don't have to register it.
• Registration is still worth it for important work. The registration certificate is accepted by courts as evidence that you own the work and of its date, which makes enforcement much easier.
• Names, titles and short slogans aren't protected by copyright. Protect those as trademarks. A logo can be protected both ways: as a trademark (brand) and as an artistic work (copyright).
• If someone else created it for you (a freelance designer or developer), make sure a written assignment transfers the copyright to you.

Design: protects how a product looks

A design registration protects the visual appearance of a product: its shape, configuration, pattern or ornamentation, as judged by the eye. It doesn't cover how the product works (that's a patent) or the brand on it (that's a trademark).

Examples: the shape of a bottle, a furniture design, a lamp, a shoe sole pattern, a textile print, the look of a kitchen appliance.

• The design must be new and not published or sold anywhere before you file.
• Protection lasts 10 years, extendable once by 5 years, for a maximum of 15.
• It is often the cheapest way to stop copycats who imitate the look of a successful product.

One business, four kinds of protection

Most products involve more than one type of IP. Take a startup selling a new cold-brew coffee:

Ask two questions: what makes customers choose you (usually the brand), and what would hurt most if a competitor copied it (often the product or its look). Protect those first.

Which should you file first?

1. Trademark, almost always. Your brand is the one thing every business has, and a competitor filing your name first can force an expensive rebrand. Search and file as soon as you've chosen a name.
2. Patent, before any public disclosure if you have a genuine technical invention. File a provisional application early to secure your date.
3. Design, before launch if the look of the product is a selling point.
4. Copyright registration for your most valuable creative assets, such as software or signature artwork.

Common mistakes to avoid

• Assuming a company name registration protects the brand. It doesn't. Only a trademark does.
• Trying to copyright a brand name. Names and slogans are protected by trademark, not copyright.
• Launching or pitching an invention publicly before filing the patent application.
• Selling a product before registering its design.
• Letting a freelancer keep the copyright in your logo or code because there was no written assignment.
• Filing a trademark in only one class when you sell across several categories.

Getting it right

If you're not sure which protection your product needs, a short consultation is usually enough to map it out. At CorpBridge, patent work is handled only by registered patent agents and trademark work by experienced trademark agents. We'll tell you what's worth protecting, in what order, with every government fee shown upfront.

This guide is general information, not legal or tax advice. Rules and thresholds change; speak to an expert about your situation.