Patent and Trademark are both part of Intellectual Property Rights. But both have different meanings. A patent is something which is used to protect the invention of an inventor, it can be a scientist or any other inventor. For Example, formula of covid vaccine had a patent. So, no individual can use that formula. Whereas Trademark gives protection to the logos, or the mark, words basically it is the protection which is given to differentiate the products or services among the other product, so that the confusion is not created in people’s mind. For Example, Adidas is a trademark, and if any other company is using Abibas this is an infringement of a trademark. Trademark does not mean same word, but also similar kind of words will be counted in infringement of the trademark.
Difference Between Trademark Registration and Patent Registration
- Nature to Protect: – In trademark safety is provided for the logos, symbols, marks, so that the products or the services can be distinguished from each other. In patents the protection is for the inventions to the investors, or a discovery providing exclusive right to the inventor for a limited period. Patent protection is a wider concept in comparison to trademarks.
- Coverage: – Trademark covers the protection of the mark or a symbol on the products as well as the services. Patents prohibit others from making, selling, using or importing the information which is patent protected. A trademark gives narrower protection than the patent, as it provides broader protection to individuals.
- Protection: – Rights in trademark can be protected infinitely, which means that after every 10 years there is a need to renew but it can be protected for lifetime if renewed, and the name or symbol or a logo needs to be in work. But, in patent registration is protected for a period of 20 years after that invention needs to be entered in the public. Reason of patent protection for limited period, so that there can be more inventions, and variations can be made if required by the inventors according to the demand in the society.
- Things required for registration: – For the trademark to get registered, the owner needs to confirm that the mark is different, not general and is and will be used for the business to provide recognition to the goods and services. On the other hand, for patent registration, the invention has to be original, not obvious, and useful in the industry, along with the detailed description of the importance of the innovation.
- Process of Application: – For the registration of a trademark there needs to be a mark, and that mark needs to be in use. An application needs to be filed with the Intellectual Property Office, along with the declaration that the mark is in use currently. For Patent registration the detailed application of invention needs to be submitted after that thorough examination will take place to make sure that invention is original and is not copied from any individual.[1]
Process for trademark registration
Registration Application
Section 18 of the Trademark Act, 1999 states the procedure for the registration of the trademark. This section states that if any person/ persons who wishes to be the owner of the trademark, they needs to apply for the registration under a single application with the Registry of the Trademark which is situated under the territorial limit of the business situated in India.
If the registrar believe that this trademark cannot be registered or it needs some modifications to get registered, this will be dependent on the valid conditions presented by the registrar and also if the registrar thinks that the application which was accepted earlier is in error or if there are circumstances which shows that this application should not be accepted or if the conditions are different or additional from the accepted application, then the application can be withdrawn under Section 19 (9) of the act.
Acceptance of the Application
If the application has been accepted along with the amendments, if any, then that application needs to be advertised in the public according to the conditions mentioned under Section 20 (10) of the act. If any objections are raised from the public within three months from the date of advertisement, then the registrar will consider the same and give the opportunity to the aggrieved party to present their objection in a counter application and the previous application will be repealed in the said manner and will allow if any corrections required.
Rectification in an Application
If the registrar feels before or after accepting the application under section 18 (11) of the act, may allow any correction or amendment mentioned under Section 22 (12) if required, for any kind of error.
Registration
Registration will be made under Section 23 (13) of the act. The registration certificate will be issued in the prescribed format after the trademark is registered, the conditions are as follows:-
- if the application is not objected by the public within 3 months from the date of advertisement or
- in which the objections were made but that objections are addressed by the applicant.
If the trademark certificate is not issued within 12 months from the date of application, then that application will be treated as rejected by the registrar.[2]
Process for Patent Registration
Select the Application for the Patent
First step is to choose among the two applications, which application should be applied to obtain the registration for the patent.
- Provisional Application:- This provides protection for a year and lapse after a year.
- Complete Application:- This provides full-term protection that is for 20 years.
Search for the Patent
This search is conducted to ensure that no such patent exists in the market and ensuring that the registration of the patent is not disclosed in the public.
Filing of the patent application
Form 1 needs to be filed for the application of the patent along with the additional documents required. Submission needs to be made to Patent Specification in the Form 2.
Specification of the Patent
Drafting of the patent specification, detailed information needs to be provided for the product invented. It needs to be filed with the registrar of the patent ensuring that all the information with regards to invention is submitted.
Publication of the Patent
The invention is brought in the public domain within 18 months from the date of application, and the patent is published in the journal of the patent.
Examination of the Patent
After the application, within 48months the examiner conducts the examination of the application and raise an objection if any. If there are any objection the applicant needs to answer within 12 months of the application. If the answer of the objection is not satisfactory, hearing can be called for the settlement of the objections.
Grant of the Patent
After all the objections are settled, the patent will be granted to the applicant for 20 years from the date of application.[3]
Conclusion
Patents and Trademarks are both different in meaning as well as in the registration process. Patent is a wider concept than trademark. Even though both patent and trademark are part of intellectual property, trademark provides the protection for the symbols, word, or a logo and patent provide for the protection of invention. Also, the registration procedure of both patent as well as the trademark are somewhat similar. Both plays an important role for the protection of the business reputation.
[1] Filemydoc, Trademark Registration vs. Patent Registration – Filemydoc.com, (last visited July 5, 2024).
[2] Lawbhoomi, https://lawbhoomi.com/procedure-of-registration-and-protection-of-trademark-in-india/ (last visited July 12, 2024).
[3] Setindiabiz, https://www.setindiabiz.com/learning/step-by-step-procedure-for-patent-registration-in-india, (last visited July 12, 2024).
Author: Pankaj Ahuja is a second year LLB student at Jindal Global Law School
