Types of intellectual property in India, compared
Six kinds of IP protect six different things. Here is what each one covers, how long it lasts and which one your business needs first.
Quick answer
A trademark protects your brand name and logo, copyright protects creative work, a patent protects a new invention, a design registration protects how a product looks, a GI protects a regional product name, and a trade secret protects confidential know-how. Most new businesses start with a trademark.
The six types at a glance
| Type | Protects | Typical term in India | Registration |
|---|---|---|---|
| Trademark | Brand name, logo, slogan, sound, shape | 10 years, renewable indefinitely | Optional, but needed to sue for infringement |
| Copyright | Books, software, music, films, art, photographs | Life of the author plus 60 years for most works | Optional, useful as proof |
| Patent | A new, inventive, industrially useful invention | 20 years from filing | Required |
| Design | Shape, pattern or ornament of a product | 10 years, extendable by 5 | Required |
| Geographical indication | Names of products tied to a place, like a regional craft or crop | 10 years, renewable | Required |
| Trade secret | Confidential formulas, processes, client lists | As long as it stays secret | None, protected by contract and confidence |
Last checked: 12 November 2026. This page is general information, not legal advice. Fees and rules change, so confirm on the official site before you file.
Which one do you need first?
Start from what you actually have:
- A brand name or logo: file a trademark. This is the most common first step, and online sellers often need it for brand approval.
- Software, content, music or artwork: copyright arises automatically on creation. Registration gives you a certificate that helps as evidence.
- A new technical invention: a patent, but only if it is not already public. Disclosing it before you file can ruin novelty. A patent is slow and costly, so check that it is worth it.
- A product with a distinctive look: a design registration.
- A product made in a particular region: a GI, usually applied for by an association of producers.
- A recipe, process or client list: keep it secret with NDAs. See trade secrets.
How the types overlap
One product can use several. A snack brand might hold a trademark for its name, a design registration for a distinctive pack shape, copyright in its packaging artwork and a trade secret in its recipe. A trademark and a design protect different things: the trademark is the badge, the design is the shape. Pick each by what it covers, not by price.
What each type does not do
- A trademark does not stop others copying your product features, only confusingly similar brand identifiers.
- Copyright protects the way an idea is expressed, not the idea itself.
- A patent needs novelty, an inventive step and industrial use. Ideas, business methods and software as such are generally not patentable in India.
- A trade secret gives no protection against someone who finds it independently or reverse engineers it lawfully.
Extending protection abroad
IP rights are territorial. A trademark registered in India covers India only. To protect a brand abroad you can file country by country or use the Madrid system. See international trademark registration through Madrid.
Enforcing and using your IP
Registration is the start. Rights holders also use cease and desist notices, customs recordal against imported fakes, domain dispute proceedings and licence agreements to earn from the brand.
Frequently asked questions
Is copyright registration compulsory in India?
No. Copyright arises automatically when a work is created. Registration is optional, but the certificate is useful evidence in a dispute.
Can I patent a software or an app?
Computer programs as such are excluded from patentability under Indian law. A software-linked invention with a technical effect may qualify, so get a professional opinion first. The code itself is protected as a literary work under copyright.
Which is cheaper, trademark or patent?
A trademark is far cheaper and faster. Government fees for an online trademark application are ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 for others. Patents cost more and take years to grant.
Do I need a trademark if I already own the domain name?
Yes. A domain name does not give trademark rights. Registering the brand as a trademark is what lets you act against copycats.
Can a trade secret be registered?
No. There is no registration. It is protected only while it stays confidential, through contracts and the courts.
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Written by: Trademark Wale editorial team, with over 40 years of experience in trademark and IP work, serving 7000+ brands. Last updated: 12 November 2026.
Sources: Intellectual Property India, Copyright Office. Confirm current rules and fees on the official sites.
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