Trademark vs. Patent vs. Copyright: What Do These Intellectual Property Terms Mean?

Trademark vs. Patent vs. Copyright: What Do These Intellectual Property Terms Mean?

Adrianna Ngo
 | 
Intellectual property laws are rights and protections that protect owners of ideas or inventions.

These rights are based on the legal ideas of trademark, patent,and copyright laws.

What is a Trademark?

According to the US Patent and Trademark Office (USPTO), a trademark is “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” This means that a trademark must be distinct and recognizable to a certain party.

In other words, if you are opening a business that starts with an M, you can't create a logo that includes two yellow arches. That is too similar to McDonald's logo. You'd be infringing on their trademark. 

Something important to recognize for trademarks is that they do not expire after a period of time. A trademark can last forever as long as you continue to use it and file the correct paperwork.

This paperwork includes filing to register your trademark with the USPTO. Although you don’t need to register your trademark with the US Patent and Trademark to establish rights on your trademark, there are many benefits to registering with the USPTO.

Some include:
  • Having a notice to the public of your claim of ownership over the word/phrase/symbol/etc.
  • Exclusive rights to use your trademark on goods/services
  • Legal grounds of ownership nationwide
Filing  paperwork regarding trademarks can be confusing and tedious. That's why a lawyer from Court Buddy can help. We know how to file the paperwork, so you can focus on other parts of your business. 

What is a Patent?

A patent is a property right for any invention, granted by the USPTO in exchange for public disclosure of the invention. There is a limited duration period for patents.

Inventions including machinery, technology, chemical creations, or any industrial matter can be considered for a patent.

In order to apply for a patent, you must file an application through the USPTO. There are two types of patents you can apply for — a design patent or a utility patent.
  • Design Patents protect the way a product looks and last for 15 years from issuance. It is important to note that this patent protects the ornamental design and visual aspect of the product, not the product itself.
  • Utility Patents protect the way a product performs and how it's used. They last for 20 years from the date on which the application for the patent was filed in the United States.
While you don't need a lawyer to file a patent, an attorney will save you tons of time and headaches. Over 600,000 patent applications go through the USPTO each year. Around half are rejected. Lawyers can make sure you go into the "approved" pile. 

What is a Copyright?

Copyright protects original works of authorship, such as literary or artistic works. This includes books, songs, movies, or even architecture. This type of protection covers both published and unpublished products. 

In general, registration is voluntary for a copyright. Copyright exists from the second your work is created. 

However, if you want to bring a lawsuit to court regarding a copyright issue, you must register for a copyright on your work. So it's best to register a copyright, which a lawyer can help you do. 

To register a copyright, you or a lawyer must submit an application through a registration portal on the U.S. Copyright Office. These copyrights have different duration periods based on the product you want to copyright.

For example, if a piece of work is created by a single individual, the protection of the copyright lasts for the lifetime of the author, plus 70 years. If the word was created anonymously or for hire, the duration period of protection lasts either 95 or even 120 years.

In short...

Patents, trademarks and copyrights can be confusing. 

If you need an intellectual property lawyer, we can provide you with a well-qualified business lawyer for a simple and affordable price. 



This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.
Adrianna Ngo

Find My Lawyer

Start by selecting your legal need:
Business / Employment

Business / Employment

Family / Personal / Injury / Immigration

Family / Personal / Injury / Immigration

Criminal Defense / Civil Rights

Criminal Defense / Civil Rights

Real Estate / Housing

Real Estate / Housing

Estate Planning / Power of Attorney

Estate Planning / Power of Attorney

Review & Rating Images LawChamps
LawChamps Reviews

"I was able to find just the right lawyer for my case. It was easy to use."

Lucy Coutinho

Client

Review & Rating Images LawChamps
LawChamps Reviews

"Very easy for me to get connected with an experienced attorney."

Robert Knox Jr

Client

Review & Rating Images LawChamps
LawChamps Reviews

"It was super easy. It was super fast and I got connected pretty quickly."

Lenasia Smalls

Client

Client Testimonial - Triso Valls
LawChamps Reviews

"It’s easy to register and match with a lawyer according to your legal [need]."

Triso Valls

Client

Ready To Get Started?

Find Your Lawyer NowLawChamps Arrow Icon

Related Posts

Teachers: What are your legal rights if you are too anx...

Mariam Sulakian | 18 July, 2021

A teacher suffering from Major Depression Disorder and Anxiety Disorder is hesitant to re-enter the physical classroom due to her disabilities, which are covered under th...

Read More Arrow Icon

How Businesses Can Navigate Mask Mandates

Carrie Pallardy | 22 June, 2021

Masks have been a critical part of preventing the spread of COVID-19. Now, the Centers for Disease Control and Prevention (CDC) has released guidance for fully vaccinated...

Read More Arrow Icon

What Should a Business Owner Do If an Employee Travels ...

Carrie Pallardy | 18 June, 2021

The COVID-19 pandemic may be turning a corner, but it is not yet over. While cases continue, vaccinations and easing restrictions have made many people feel ready to trav...

Read More Arrow Icon

Related Posts

Hire One, Help Another

LawChamps donates a portion of our revenue, investing it back into funding justice reform organizations and subsidizing the legal fees for those who cannot afford them.
Learn More