Trademark vs Copyright vs Patent: What Is the Difference?

By Trademark Wale · Published 2026-02-10 · Updated 9 November 2026

In short: a trademark protects your brand identity, copyright protects creative expression, and a patent protects a new invention.

Trademark

Protects names, logos, taglines and other brand identifiers under the Trade Marks Act, 1999. A registration lasts 10 years and can be renewed indefinitely. See trademark registration.

Copyright

Protects original literary, artistic, musical and dramatic works, software, films and sound recordings under the Copyright Act, 1957. Protection arises automatically, and registration gives strong proof of ownership. For most works it lasts for the author’s life plus 60 years. See copyright registration.

Patent

Protects new inventions that are novel, involve an inventive step and are capable of industrial application, under the Patents Act, 1970. A granted patent generally lasts 20 years from filing.

Which one do you need?

• Brand name or logo: trademark
• Software code, designs, content or music: copyright
• A new product or process: patent

Many businesses need more than one. A product can have a patented mechanism, a trademarked name and copyrighted packaging artwork.

General information, not legal advice.