Trademarks, Copyrights, and Patents: Three Types of Intellectual Property
Trademarks, copyrights, and patents are three distinct forms of intellectual property protection, each covering different types of creative and commercial assets. Understanding the differences is important for ensuring your business has the right protection in place.
What Is a Trademark?
A trademark protects words, phrases, symbols, designs, or combinations thereof that identify and distinguish the source of goods or services. Trademarks protect brand identifiers — things like business names, product names, logos, slogans, and other marks that help consumers identify where products or services come from. Trademark protection lasts indefinitely, as long as the mark continues to be used in commerce and required maintenance filings are made with the USPTO.
What Is a Copyright?
A copyright protects original works of authorship, including literary works, musical compositions, artistic works, photographs, software code, architectural designs, and other creative expressions. Copyright protection is automatic upon creation of the work in a fixed, tangible form. Registration with the U.S. Copyright Office is not required for protection but provides important legal benefits, including the ability to sue for infringement and to recover statutory damages and attorney fees.
What Is a Patent?
A patent protects inventions and discoveries, including new and useful processes, machines, manufactured items, compositions of matter, and improvements thereof. Patents grant the owner the exclusive right to make, use, and sell the invention for a limited period (typically 20 years for utility patents). Unlike trademarks and copyrights, patents require a formal application process and examination by the U.S. Patent and Trademark Office.
Key Differences at a Glance
| Feature | Trademark | Copyright | Patent |
|---|---|---|---|
| What It Protects | Brand identifiers (names, logos, slogans) | Creative works (art, music, writing, code) | Inventions and discoveries |
| Duration | Indefinite (with renewal) | Life of author + 70 years | 20 years (utility) |
| Registration Required? | No, but strongly recommended | No, but provides key benefits | Yes, mandatory |
| Federal Agency | USPTO | U.S. Copyright Office | USPTO |
| Common Examples | Nike swoosh, Coca-Cola name | Books, songs, photographs | New inventions, processes |
Can You Trademark a Name? Can You Copyright a Name?
One of the most common questions we receive is whether you can "copyright a name." The answer is no — names, titles, short phrases, and slogans cannot be protected by copyright. They can, however, be protected by trademark law. If you want to protect a business name, brand name, product name, or slogan, trademark registration is the correct form of intellectual property protection. Copyright protects the creative expression in things like written content, artwork, photographs, and software code.
Do You Need Both a Trademark and a Copyright?
Many businesses need both trademark and copyright protection. For example, a company might trademark its business name and logo (to protect its brand identity) while copyrighting its website content, marketing materials, product photography, and software code (to protect its creative works). Our attorney can help you develop a comprehensive intellectual property strategy that covers all of your assets.