Trademark vs. Copyright vs. Patent
Understanding the key differences between these three types of intellectual property protection.
Trademark
Protects
Brand identifiers (names, logos, slogans)
Duration
Indefinite (with renewals every 10 years)
Examples
Nike, Apple logo, 'Just Do It'
Purpose
Prevents consumer confusion about the source of goods/services
Registration Required?
Recommended but not required
Copyright
Protects
Original creative works
Duration
Typically life of author + 70 years
Examples
Books, music, software code, artwork, films
Purpose
Protects the expression of ideas, not the ideas themselves
Registration Required?
Recommended but not required
Patent
Protects
Inventions
Duration
Utility patents: 20 years from priority date if all maintenance fees are paid Design patents: 14 years from filing date
Examples
New machines, processes, chemical compounds, designs
Purpose
Grants exclusive rights to make, use, sell, offer for sale, or import an invention
Registration Required?
Yes
Key Takeaways
- • Trademarks protect your brand and can potentially last forever with proper maintenance and continued use in commerce
- • Patents protect inventions, but have limited duration and require registration to establish rights
- • Copyrights protect creative works (e.g., books, songs, paintings) and typically last for the life of the author + 70 years
- • Registration is not required to establish initial trademark or copyright rights, but registration is often recommended because it confers various legal benefits
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