Trademark vs Patent in India: Brand Protection vs Invention Protection
Trademark vs patent in India: brands protected for renewable 10-year terms vs inventions for 20 years, criteria, costs and what founders should file.
Short answer
A trademark protects your brand identity, such as a name or logo, for 10 years at a time and can be renewed forever. A patent protects a new, inventive and industrially applicable invention for 20 years from filing, after which anyone can use it. Most businesses need a trademark; only those with genuine technical inventions need a patent.
- Trademark law
- Trade Marks Act 1999
- Patent law
- Patents Act 1970
- Trademark term
- 10 years, renewable indefinitely
- Patent term
- 20 years from filing, not renewable
- Patent examination request
- Within 31 months of priority date
- Patent criteria
- Novelty, inventive step, industrial application
What does each protect?
A trademark protects marks that identify the source of goods or services: words, logos, slogans, shapes and similar signs. It does not protect how a product works. A patent protects an invention, a product or process that is new, involves an inventive step and is capable of industrial application, and gives the owner the right to stop others making, using or selling it in India.
The Patents Act excludes certain subject matter, including computer programs per se, business methods, mathematical methods and mere discoveries. Software-related inventions can be patented only when they show a technical effect beyond the program itself.
Side-by-side comparison
The table compares the two rights for founders deciding where to spend on intellectual property. Patent costs depend heavily on drafting and prosecution, so the comparison focuses on rules rather than amounts.
| Factor | Trademark | Patent |
|---|---|---|
| Protects | Brand identity | Technical inventions |
| Key test | Distinctiveness, no confusing similarity | Novelty, inventive step, industrial application |
| Term | 10 years, renewable indefinitely | 20 years from filing date |
| Disclosure | None required | Full technical disclosure, published |
| Must file before public disclosure | No | Yes, disclosure can destroy novelty |
| Annual fees | No, renewal every 10 years | Yes, renewal fees from the third year |
| Examination | Automatic after filing | Only on request, within 31 months of priority |
| Typical cost | Lower | Significantly higher due to drafting and prosecution |
| Reduced fees | Individuals, startups, small enterprises | Individuals, startups, small entities, educational institutions |
What are the timing rules?
Trademarks can be filed at any time, even after you start using the brand, though early filing secures priority. Patents are unforgiving: if you publicly disclose, sell or publish the invention before filing, you can lose novelty. A provisional specification can secure a filing date, with the complete specification due within 12 months.
Patent applications are published after 18 months, and are examined only when a request for examination is filed. Since the Patents (Amendment) Rules 2024, that request must be filed within 31 months of the priority date. Expedited examination is available to certain applicants, including startups.
What does protection cost over time?
A trademark costs ₹4,500 or ₹9,000 per class to file online, depending on the applicant category, plus ₹9,000 per class every 10 years to renew online. Over a decade, a single-class registration for a startup costs little in official fees, though objections or oppositions add professional cost.
A patent costs far more. Beyond official filing and examination fees, drafting a strong specification needs a patent agent with technical expertise, and annual renewal fees apply from the third year and rise over the term. Filing abroad through the PCT route adds substantially more. Budget for the full life of the patent, not just the filing.
Which should you choose?
Almost every business should register its trademark. A patent makes sense only when there is a genuine invention that competitors could copy and that will matter commercially for several years.
- Consumer brand, service business or app with a distinctive name: trademark.
- New device, chemical formulation, manufacturing process or hardware: patent, filed before any disclosure.
- Software product: trademark the brand; consider a patent only if there is a technical contribution beyond code.
- Investor due diligence ahead: trademark for the brand and patents for core technology.
- Limited budget: trademark first, then a provisional patent to secure a filing date.
Related services
Sources
- Patents (Amendment) Rules 2024 overview (Intepat)
- Trademark registration fees in India, First Schedule to Trade Marks Rules 2017 (Intepat)
- Trademark registration in India: complete guide (Legal Suvidha)
Written by the Refogo Editorial Team from the official sources above and checked on 2026-10-31. Laws, rates and due dates change, and authorities often extend deadlines, so confirm your own case with a qualified professional. This is general information, not legal or tax advice. Read our editorial policy or report an error to support@refogo.com.
Common questions
Can a product name be patented?
No. Names and logos are protected by trademarks. Patents protect how something works, not what it is called.
How long does a patent last in India?
Twenty years from the filing date, provided annual renewal fees are paid. It cannot be renewed after that.
Can I patent software in India?
Not as a computer program per se. Software-related inventions may be patentable if they produce a technical effect or contribution beyond the program.
Do startups get lower patent fees?
Yes. Individuals, startups, small entities and educational institutions pay reduced official fees, and startups can request expedited examination.