Difference between trademark, patent and copyright

Are you an entrepreneur and want to register the name of your product or service? Do you know the difference between trademark, patent and copyright?

Did you write a book and want to register it in your name?

Have you created something totally new and want to register it for the first time?

If the answer is yes, then we are talking about intellectual property.

The Law protects the creations of the mind, whether they are inventions, literary works, as well as images and logos used to identify products or services.

Intellectual property is very broad and can be used for various cases, for example: in the case of entrepreneurs and companies, it is necessary that they register their brand to prevent unauthorized use.

For their part, inventors seek to protect their creations and authors the exclusivity of their works.

All these ideas and creations are protected by law, so it is very important that you know the differences between trademarks, patents and copyrights, what each one consists of and what type of protection you need according to your case.

What are copyrights?

It is the recognition that through the National Institute of Copyright "INDAUTOR" rel=»nofollow» is granted to all creators of literary and artistic works through registration.

The registration of a work grants its author economic and moral rights that protect his creation, whether it is published or unpublished.

The patrimonial right that an author has is to exclusively exploit his work or to authorize others to exploit it through use licences.

According to the Federal Copyright Law, moral rights consist of the power that the author has to determine if his work should be disclosed and if he wishes to keep it unpublished, modify it, among others.

What kind of works is protected by Copyright?

Musicals with or without lyrics. (for example, composers)(script of a deal play)Pictorial or drawing. (artworks)Sculptural and of a plastic nature.Comic books.Cinematographic and Audiovisual.Radio and TV programs.Computer programsWorks of applied artCompilation works (encyclopedias, anthologies and collections).Others that by analogy can be included in the branch most similar to its nature.

How are copyrights registered?

The registration of a work can only be done directly at the offices of the National Institute of Copyright located in Mexico City.

In case of residing in another State, the procedure must be carried out by traditional mail or specialized courier.

a) Fill out the form in duplicate (request for work registration).b) Submit two copies of the work.c) Make the payment of rights.

How much does it cost to register Copyright?

The cost of registration per work is the amount of $271.00 (two hundred and seventy-one pesos 00/100 M.N.).

What is a Brand?

Let us understand by brand that name and visible sign that distinguishes a product or service from others of its same class in the market.

The administrative authority in matters of industrial property is the Mexican Institute of Industrial Property (IMPI).

Why is it necessary to register a trademark?

The registration gives you the right to the exclusive use of your brand, since it distinguishes your products or services from others existing in the market. You can also initiate legal actions against those who use your brand without authorization and you can grant licenses for use or franchises.

How do I know if the name I want is available?

One of the requirements to be able to register a trademark is that there is no other similar name previously registered.

To make sure that the name you want is available, you must enter the IMPI page on the MARCANET platform and search by entering the name you want to give your brand.

How is a trademark registered?

There are 02 ways to register a trademark, whether you want to do it physically by going to the Offices of the Mexican Institute of Industrial Property (IMPI) or online using your advanced electronic signature.

Verify that your brand name is availableFill out the registration applicationPay the corresponding rights

How much does it cost to register a brand?

For the study of an application for the registration of a trademark until the conclusion of the procedure or, where appropriate, the issuance of the title, the cost amounts to $2,457.79 pesos (VAT not included).

What is a patent?

A patent is the exclusivity right granted by the State through the Mexican Institute of Industrial Property (IMPI) to inventors or creators.

The inventor who has patented his creations can exploit them industrially and commercially for a determined period.

Why register patents?

By registering a patent, the value of the creation is consolidated. A patent converts an idea into income, in addition to the fact that in many cases society benefits from being able to acquire a new product or medicine.

Patents are considered as instruments for the advancement and technological development of a Country, therefore it is very important that they are legally protected.