Trademarks v. Patents, What are the differences?

Trademark is a sign in the form of an image, logo, name, word, letter, number, color scheme, either in two or three dimensions, sound, hologram, or a combination of these elements.

Its primary purpose is to distinguish goods or services produced from others.

Under Indonesian Trademark Law, trademark registration operates on a "first to file" basis, with registered Trademarks remaining valid for a period of 10 years from the date of filing. Patent is an intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period. The owner of patent called Inventor and the object of patent called Invention.

Patent valid for a period of 20 years with first to file registered system basis which is means that the first person to file a patent application for an invention is entitled to the patent, regardless of who actually invented the invention first.

SO, WHAT ARE THE DIFFERENCES?

The difference between trademark and patent is the object that it protected. Trademarks are used to identify and distinguish the goods or services of one company from those of another. Patents are granted to inventors who have created something new, useful, and non-obvious. Trademark protected image, logo, name, word, letter, number, color scheme, either in two or three dimensions, sound, hologram, or a combination of these elements from goods or services so it can distinguish goods or services produced from others, meanwhile patent protected products, processes, machines, or compositions of matter by grant a patent for inventor.

The main difference between a trademark and a patent is that a trademark protects a brand by their sign meanwhile patent protects an invention in the form of products or processes that contain inventive/technological steps and novelty.

Trademark and patent are both important forms of intellectual property protection. However, they protect different things and are obtained and enforced in different ways. If you are considering protecting your intellectual property, it is important to speak with our registered IP Consultants to discuss the best options for your situation. Contact us today to get in touch!