- 19-Apr-2025
- Healthcare and Medical Malpractice
While patents protect new inventions or innovative processes, names and logos fall under a different category of intellectual property. Patents are not the appropriate form of protection for these types of assets. Instead, trademarks are the legal mechanism for protecting names, logos, and other branding elements.
Patents are granted for new inventions or innovative processes that meet the criteria of novelty, non-obviousness, and usefulness. Names and logos, being more related to branding and identity rather than inventions or processes, do not meet these criteria.
Tip: If your goal is to protect a brand identity, such as a name or logo, then a trademark is the appropriate legal tool.
Patents protect the functional aspects of inventions—how something works or its technical characteristics—while names and logos represent brand identity. Patents are not designed to protect these non-functional elements.
Tip: Focus on the distinctiveness of the name or logo when seeking protection through trademarks.
A trademark is used to protect words, names, symbols, or logos that distinguish the goods or services of one entity from those of others. Trademarks provide exclusive rights to use the name or logo in commerce, preventing others from using a similar name or logo that could confuse consumers.
Tip: To secure trademark protection, you must apply for trademark registration with the relevant intellectual property office, such as the Indian Trademark Office or the U.S. Patent and Trademark Office (USPTO).
You can register a name or logo as a trademark by filing an application with the appropriate authorities. The application typically includes a description of the name or logo, its usage, and the associated goods or services. Once granted, the trademark provides protection for the mark for a period of 10 years, which can be renewed indefinitely.
Tip: Trademark registration grants the right to exclusive use of the name or logo in connection with your goods and services.
If your logo is part of a larger visual identity that includes packaging, store design, or product configuration, you may also be able to protect your trade dress. This is a form of protection for the overall look and feel of a product or brand that signifies its source.
Tip: Trade dress protection is often used for packaging and branding designs, like the distinctive look of a product or store layout.
Even if you do not formally register your name or logo, you may still have some protection under common law as an unregistered trademark. This protection arises from the actual use of the mark in commerce, but it is more limited and harder to enforce compared to a registered trademark.
Tip: While unregistered trademarks offer some legal rights, it is always advisable to go through the official trademark registration process for better protection.
| Feature | Patent | Trademark |
|---|---|---|
| Purpose | Protects inventions and processes | Protects names, logos, and brand identity |
| Requirements | Must be novel, non-obvious, and useful | Must be distinctive and used in commerce |
| Duration | Typically 20 years | 10 years, renewable indefinitely |
| Scope of Protection | Protects functional and technical aspects | Protects brand identity and source of goods/services |
| Use Case | Products, processes, methods | Branding, marketing, product/service differentiation |
A clothing brand creates a unique logo that includes a stylized symbol and name. The brand applies for a trademark with the Indian Trademark Office to protect the logo from being used by other brands in the same industry. After registration, the brand can prevent other companies from using similar logos that may confuse customers.
A new restaurant opens and uses a distinctive name like Taste Haven to market its food. The owner files for a trademark to prevent competitors from using the same or similar name in the same market. This trademark registration grants exclusive rights to use the name Taste Haven for restaurant services.
You cannot patent a name or a logo because patents are meant to protect inventions and processes. Instead, you should seek trademark protection for your name, logo, or other brand identifiers. Trademark registration provides exclusive rights to use the name or logo in commerce, preventing others from using similar marks that could confuse consumers. Registering a trademark is a straightforward and effective way to protect your brand identity.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Intellectual Property. Learn about procedures and more in straightforward language.
