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Fundamentals · 3 min read
Trademark vs. Copyright vs. Patent
Three different kinds of intellectual property, protecting three different things, and business owners regularly assume the wrong one covers them.
These three terms get used interchangeably in casual conversation, but they protect fundamentally different things and come from different parts of the law.
Trademark
Protects identifiers of source: names, logos, slogans, in connection with specific goods or services. Administered by the USPTO. Can last indefinitely, as long as it's renewed and stays in use.
Copyright
Protects original creative works: writing, photography, software code, design, video, music, the moment they're fixed in a tangible form. Registration with the U.S. Copyright Office isn't required to have a copyright, but it's required before you can sue for infringement.
Patent
Protects inventions and functional innovations: a new product, process, or mechanism. Administered by the USPTO, but under an entirely different examination process than trademarks, and generally the most expensive and time-intensive of the three to obtain.
Why the distinction matters
A logo can be covered by both trademark and copyright at once, protecting it in two different ways for two different reasons. A product name is a trademark question. How the product itself works is a patent question. Knowing which one actually applies to what you're trying to protect is the first step, before any filing.
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Related reading
What Is a Trademark?
The word, name, symbol, or design that tells customers a product or service comes from you. It's the foundation everything else here is built on.
What Does a Trademark Actually Protect?
A trademark doesn't protect an idea, a product, or a business. It protects the identifier, and understanding the difference changes how you use it.
What Are Trademark Classes?
The USPTO doesn't register a trademark in the abstract. It registers it for specific goods or services, organized into 45 international classes.