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.
Copyright
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.