Trademark vs. Copyright vs. Patent

Post updated on: Aug 19, 2025 @ 1:00 am

Feature	Patent	Trademark	Copyright
Object Protected	An invention (product, process, or improvement) that provides a technical solution to a problem.	A visible sign capable of distinguishing goods (trademark) or services (service mark).	Original literary, musical and artistic works.
Requisites for Protection	(1) Novelty (not part of prior art); (2) Inventive step (not obvious to a person skilled in the art); (2) Industrially applicable	Must be registrable (e.g., not immoral, confusingly similar, or generic). Generic descriptions that have acquired a “secondary meaning.”	Originality; Fixation in a tangible medium of expression.
Non-Protectable Items	Discoveries, scientific theories, mathematical methods, schemes, rules for mental acts/games/business, methods of treatment, plant/animal breeds, aesthetic creations, and anything contrary to public order or morality.	Immoral, deceptive, or scandalous marks; national symbols; marks that are generic (unless they acquired secondary meaning), descriptive, or likely to mislead the public; shapes or colors necessitated by technical factors.	Ideas, procedures, systems, methods, concepts, principles, discoveries, or data. The format of a show, technical drawings (the invention itself), and useful articles (unless a separable design element exists).
How Acquired	Through an application with the Intellectual Property Office (IPO). The “first-to-file” rule applies.	Acquired through valid registration with the IPO, except for unfair competition. Prior use is relevant but does not solely determine ownership.	Acquired automatically from the moment of creation. Registration with the National Library or IPO is not a requirement for protection.
Duration/Term	20 years from the filing date.	10 years from registration, renewable for periods of 10 years. Requires Declaration of Actual Use (DAU) to maintain validity.	The author’s lifetime plus 50 years for economic rights.
Ownership	Generally belongs to the inventor, their heirs, or assigns. For commissioned works, the commissioner owns it. For employee inventions, the employer owns it if it’s part of regular duties.	Belongs to the owner of the trademark, not solely the person who registers it.	Belongs to the author, their heirs, or assigns. Specific rules apply to joint authorship, commissioned works, and works created in the course of employment.
Rights Conferred	The exclusive right to restrain, prohibit, and prevent unauthorized making, using, offering for sale, selling, or importing of a patented product or using a patented process.	The right to prevent unauthorized use of the mark or a confusingly similar mark on goods or services.	Exclusive economic rights to reproduce, distribute, transform, perform, display, and communicate the work. Also includes moral rights.
Infringement	Occurs when an unauthorized person performs any of the exclusive acts of the patent owner. Determined by the Literal Infringement Test and the Doctrine of Equivalents (same function, same means, same result).	The unauthorized use of a mark identical to or confusingly similar to a registered mark. Determined by the Dominancy Test (prevalent features likely to produce confusion in the minds of the purchasing public – visual, aural, connotative). Fraudulent intent is not necessary.	Occurs when a person performs any of the exclusive rights of the copyright owner without consent.
Key Distinction	Protects a technical solution to a problem.	Protects a mark that distinguishes goods or services.	Protects the expression of an idea, not the idea itself.

Trademark vs. Unfair Competition

Feature	Trademark Infringement	Unfair Competition
Nature of the Act	Unauthorized use of a registered trademark, including reproduction, copying, or colorable imitation.	“Passing off” or attempting to pass off one’s goods or business as those of another, with the intent to deceive the public.
Prerequisite	Prior registration of the trademark with the Intellectual Property Office (IPO).	Trademark registration is not required.
Fraudulent Intent	Unnecessary. The mere likelihood of confusion is sufficient.	Essential. The intent to deceive the public and defraud a competitor must be present.
Focus of Similarity	Dominant features of the marks (e.g., appearance, sound, meaning, and overall impression) as determined by the Dominancy Test.	General appearance of the goods or packaging to mislead purchasers and create confusion.
Examples	Using “KOLIN” and “kolin” for similar products. Using “MINI-ME” or “Big Mak” for burgers, similar to “ME-TOO” or “Big Mac.” Using “GINEBRA KAPITAN” vs. “GINEBRA SAN MIGUEL.” (GR 196372)	Copying the design, shape, and color of a competitor’s rubber shoes; Using identical bottles and general appearance for “Chin Chun Su” facial creams (2023 Bar); Using a similar packaging layout and color scheme for ham products (e.g., “Pista Ham” vs. “Fiesta Ham”).
Commonality	Both legal concepts aim to prevent confusion, mistake, and deception in the minds of consumers regarding the source or identity of products or services.	Both legal concepts aim to prevent confusion, mistake, and deception in the minds of consumers regarding the source or identity of products or services.