Patent VS trademark VS copyright: what is the difference?

Although all three are components of intellectual property protection, patents, trademarks, and copyrights serve distinct purposes and safeguard different aspects of creations.

Does a patent protect product names and identifying marks? The short answer is no. A patent protects an invention from being produced and sold by competitors. It provides legal ownership of new inventions, processes, or scientific creations. There are three types of patents: design, utility, and plant. Utility patents are for new discoveries, compositions of matter, machines, or processes. Plant patents are for anyone who discovers or develops and asexually reproduces a new distinct variety of plants. A design patent is for anyone who creates a new, original, and ornamental design. Therefore, a patent is not applicable to business identity protection and does not protect brand name, logo, or slogan. While being part of the USPTO’s areas of expertise, patents differ from trademarks in what they protect.

Does copyright protect product names and identifying marks? Again, the answer is no. It protects “original works of authorship” once they are put into a tangible form: a book, music piece, or published research. Legally, obtaining copyright protection doesn't necessarily require formal registration. Once your ideas are expressed in a tangible form they are inherently yours. However, registering with the U.S. Copyright Office, ideally before or within five years of publication, significantly simplifies the process of proving your authorship in case of legal disputes, providing added security and credibility, especially if litigation becomes necessary. While providing legal protection in cases of infringements on your intellectual property, copyright does not serve the same purpose as a trademark.

So what does protect product names and business identifying marks? The answer is trademark! A trademark protects all things business identity-related; logos, slogans, names, and phrases that are used in conjunction with the provision of goods and services by the business.

Understanding the distinctions between patents, trademarks, and copyrights is crucial for effectively protecting intellectual property rights. While patents safeguard inventions and copyrights protect creative works, trademarks play a pivotal role in safeguarding business identities, including product names and identifying marks. Patents grant exclusive rights to new inventions, while copyrights protect original works of authorship. Trademarks, on the other hand, shield business identity elements such as logos, slogans, and brand names, ensuring recognition and differentiation in the marketplace. By understanding the unique roles of each form of intellectual property protection, individuals and businesses can navigate the complex landscape of intellectual property rights more effectively and ensure the proper safeguarding of their creations and identities.

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As a mentor to thousands of entrepreneurs, I recommend that it's very important to trademark your name in advance. If you're ever going to spend any effort, time, money in promoting your brand and growing your business, you have to protect your brand Day 1. I've worked with law firms and lawyers, and unfortunately almost all of those experiences are not very good. Working with Andrei and Trademark Factory®—because of their set fee and a money-back guarantee—gave me so much more confidence and made me so much more comfortable doing business with them. I recommend all entrepreneurs to trademark their brands through Trademark Factory®.  Go through their free trademark search just to see if the trademark is even trademarkable. I'm sure you'll find it's a great team to work with.

Dan Lok