General legal information for the United States, not legal advice. Read the disclaimer

Trademark vs. Copyright vs. Patent: What Is the Difference?

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People often mix up these terms. Each protects something different and has different rules.

Trademark

Protects words, names, logos and other marks that identify the source of goods or services. Rights come from using the mark in commerce, and registration provides stronger protection. Trademarks can last indefinitely if they are used and renewed.

Protects original creative expression, such as writing, music, art and software. It arises automatically when the work is created. It does not protect ideas, only how they are expressed.

Patent

Protects new, useful and non-obvious inventions, such as processes, machines and designs, for a limited time, typically 20 years from filing for utility patents. It requires an application and examination.

Which do you need?

  • A business name or logo: trademark.
  • A book, song or website content: copyright.
  • A new device or process: patent.
  • A secret recipe: trade secret.
  • Many products involve more than one.

Frequently asked questions

Can I use the ™ symbol?

Yes, to claim a mark, even without registration. The ® symbol is for registered marks.

Do I need a lawyer?

Patents especially benefit from legal help, and trademarks often do too.

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