Trademark vs Patent: Everything You Need to Know
126 total views, 3 views today
Posted on April 26, 2021
Trademark vs Patent
What Is a Trademark?
A trademark is a word, name, phrase, or logo that identifies a product or service and helps distinguish it from that offered by the competition. Trademarks can be established through actual use in the marketplace, though they can also be registered with the U.S. Patent and Trademark Office. Trademark registration online aims to prevent consumer confusion by allowing a trademark owner to sue an infringer.
What Is a Patent?
A patent is a grant to an inventor that allows the inventor to monopolize the manufacture, use, sale, and importation of an invention. This right lasts a limited time and gives the patent owner the right to recover damages in a lawsuit against an infringer. There are multiple types of patents available to inventors depending on the nature of the invention.
What’s the Difference Between Trademarks and Patents?
A patent allows the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator’s permission. Trademarks, on the other hand, are not concerned with how a new technology is used. Rather, they protect names of products and services, logos, and other devices—such as color, sound, and even smell—that are used to identify the source of goods or services and distinguish them from the competition.
For example, let’s say Juan invents a new type of hammer that makes it difficult to miss the nail. Not only can Juan prevent others from making, selling, or using the precise type of hammer he invented, but he may also be able to apply his patent monopoly rights to prevent people from making commercial use of any similar type of hammer during the time the patent is in effect.
Generally, patent and trademark laws do not overlap. When it comes to a product design, however—say, jewelry or a distinctively shaped musical instrument—it may be possible to obtain a patent on a design aspect of the device while invoking trademark law to protect the design as a product identifier. For instance, an auto manufacturer might receive a design patent for the stylistic fins that are part of a car’s rear fenders. Then, if the fins were intended to be—and actually are—used to distinguish the particular model car in the marketplace, trademark law may kick in to protect the appearance of the fins.
Get Trademark Registration in India at Low Cost
Related Articles
How do I cancel MSME…
How do I cancel MSME registration? Registering MSME is mandatory for all types of business…
Do Registration is important to…
Do Registration is important to start a Company Starting a company is always a good…
Start a Jewellery Business in…
Start a Jewellery Business in India India has tremendous appetite for gold and diamond jewellery…
Setting up an E-commerce business…
Setting up an E-commerce business in India Business directed over the web is called e-commerce.…
How to Start A Construction…
How to Start A Construction Company in India and Required License If you have an…
How to Start Cars24 Franchise…
How to Start Cars 24 Franchise in India Now buying a car is easy with…
The legal compliances required to…
The legal compliances required to start online business ? It’s a perfect work world in…
Companies Fresh Start Scheme 2021…
Companies Fresh Start Scheme 2021 by MCA Currently, the World is on a lockdown, as…
How to Start Subway Franchise…
How to Start Subway Franchise In India: Cost, Profit and ROI What is the Franchise…
