Key Takeaways

  • A patent and trademark protect different forms of intellectual property—patents secure inventions or processes, while trademarks safeguard brands and symbols.
  • Patents grant exclusive rights to make, use, or sell an invention for a limited period, usually 20 years from the filing date.
  • Trademarks identify the source of goods or services and can last indefinitely with proper use and renewal.
  • Businesses often need both patents and trademarks to protect innovation and brand identity simultaneously.
  • International protection requires filing through systems like the Patent Cooperation Treaty (PCT) and the Madrid Protocol for trademarks.
  • Legal assistance is vital for navigating complex IP applications and enforcing rights against infringement.

What Are Patents and Trademarks?

Patents, typically utility patents, and trademarks both protect types of intellectual property. A patent protects the products, while trademarks protect the brand and images of that product.

Understanding Intellectual Property Rights

Patents and trademarks are two pillars of intellectual property (IP) law, designed to promote creativity, innovation, and fair competition. A patent and trademark protect distinct but complementary aspects of a business’s assets. Patents encourage inventors by granting temporary exclusivity over their inventions, while trademarks ensure brand recognition and consumer trust by protecting names, logos, and slogans.

In practice, most successful companies hold both forms of protection. For example, Apple Inc. owns patents for its device technologies and trademarks for its brand name and logo. Understanding how these protections differ—and how they overlap—is key for anyone developing new products or launching a business.

What is Trademark Protection?

A trademark is often used by a business to protect a specific word, design, or symbol that is tied to the company. Most companies trademark their brand names, products, and logos to prevent copycats or confusion. For example, the Nike swoosh is trademarked to make sure of the quality of the product that it's printed on, and the logo can't be used without approval from Nike itself.

Most companies – like Nike – have written rules for how trademarks can be used (like its size and colors) and what products they can be used with. If those rules aren't followed, the trademark owner can go to court or revoke a company's right to use the trademark.

Most trademarks are visual symbols, according to Key Differences. However, trademarks can also apply to sounds and other media if the business can prove that it's a critical part of its brand. For example, a company that owns a specific phrase, (like, "you've been punked") has to prove that the phrase is tied to its brand, and people immediately think of the brand when they hear it.

Types of Trademarks

Trademarks come in various forms, each designed to protect different brand identifiers:

  • Word Marks: Protect brand names or slogans (e.g., “Google”).
  • Design Marks: Protect logos, symbols, or unique designs (e.g., the Starbucks mermaid).
  • Sound Marks: Protect distinct sounds associated with a brand (e.g., the NBC chime).
  • Trade Dress: Protects the overall look and feel of a product or packaging that identifies its source.

When registering a trademark, it’s essential to identify the correct class of goods or services under the USPTO’s Trademark Classification System, as each class provides protection for specific industries.

Strong trademarks are distinctive—either arbitrary (like “Apple” for computers) or fanciful (like “Kodak”). Descriptive or generic terms generally cannot be registered unless they’ve acquired secondary meaning.

What is Patent Protection?

If trademarks protect the brands and images of a company, then patents protect the products themselves. By definition, a patent is granted by the U.S. Patent and Trademark Office (USPTO) and excludes others from making or selling an invention as their own. A patent proves that the creation was an inventor's idea.

Patents don't just apply to the finished products, they also apply to processes. For example, a company might patent a machine that makes creating products easier, or patent a process that improves the quality of the finished product.

In fact, the courts have ruled that anything can be patented as long as the owner proves that it should be protected. This includes everything from business processes to software.

Types of Patents and Their Requirements

There are three primary types of patents issued by the U.S. Patent and Trademark Office (USPTO):

  1. Utility Patents: Protect functional inventions—machines, processes, or chemical compositions.
  2. Design Patents: Safeguard the ornamental appearance or design of a product.
  3. Plant Patents: Cover new and distinct plant varieties produced through asexual reproduction.

To qualify for patent protection, an invention must be novel, non-obvious, and useful. Applicants must submit detailed descriptions, drawings, and claims defining the invention’s scope. After examination, the patent grants the holder exclusive rights for up to 20 years (utility) or 15 years (design).

Patent owners can license their inventions to others or enforce their rights through infringement lawsuits if competitors produce similar technology without permission.

Why are Patent and Trademark Protections Important?

Trademarks and patents prove ownership of thoughts and ideas. The legal term for these ideas is "intellectual property." This term refers to ideas that are considered to be valuable. Examples might include products that can be sold to millions of customers or brand names that could convince potential customers to buy the product. Without proper protection, someone else can make money off of these designs.

Nikita Bhatia at YourStory explains how you can spot trademark symbols. Registered trademarks can be identified by the "®" symbol. They must be renewed every 10 years and can be valid for an unlimited amount of time. It's rare for a court to remove a trademark from a company unless it is out of business or no longer uses it.

While patents don't have specific symbols, they are still protected by the paperwork filed at the United States Patent Office. Patents are typically valid for 20 years, though there are short-term patents for specific products or processes.

How Patents and Trademarks Work Together

While patents and trademarks serve different legal purposes, they often operate together to provide holistic protection. A patented invention might be marketed under a trademarked brand name—such as the patented Coca-Cola formula and its registered name and logo.

This dual protection strategy helps businesses safeguard both innovation (through patents) and market identity (through trademarks). For startups and entrepreneurs, combining both protections strengthens investor confidence, deters infringement, and adds long-term business value.

What are the Benefits of Applying for Patent Protection?

Patents prevent competitors from stealing your process or ideas and using them as their own. Your company can apply for a patent for a new product, a new inventive step, or an industrial application. In the years that your company owns that patent over any other brand, you can save money by producing a more efficient product.

The patent process is considered to be one of the hardest of all intellectual property application processes. If you apply for patent protection for your product or process, you can expect:

  • A multi-year process to prove that you came up with this idea.
  • Significant costs in application fees.
  • Several rounds of questions from the Patent Office.

The perfect example of patent protection is face-wash wipes. A company can patent the actual face cream it sprays on the wipes, the wipes themselves, and the packaging that the wipes come in. It can also patent the assembly process to put all three together. The multiple steps and elements show why the patent process is so long.

While this process is challenging, it is often worth it for companies that feel like they have "million dollar ideas" that they don't want other brands to steal.

International Patent Protection

U.S. patent rights apply only within the United States. To secure protection abroad, inventors can file under the Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO). A PCT application streamlines the international filing process and allows inventors to seek protection in over 150 member countries.

However, each nation’s patent office still conducts its own review and grants protection based on local laws. Inventors should work with patent attorneys experienced in international filings to avoid costly mistakes and ensure timely applications.

What are the Benefits of Applying for Trademark Protection?

Trademark protection only applies to the actual symbols a company uses, but these are more important than you might think. One example of trademark use is McDonald's. The company's trademark covers the branding, including the name, the Golden Arches, and characters like Ronald McDonald. It does not cover the actual hamburger. This means anyone can make hamburgers – and can even make hamburgers that look and taste just like McDonald's – but cannot sell them as McDonald's hamburgers.

While trademarks might seem like they protect business owners, they actually protect consumers, too. A trademark lets customers know where the product comes from. Using the McDonald's example again, someone who buys a hamburger with the trademark Golden Arches knows that the burger can be trusted and is prepared according to the company's standards. If anyone could use the McDonald's logo, then customers couldn't trust any hamburger that they ate under the brand.

However, a trademark is only as strong as the people who defend it. So if you own a trademark, you must stay on guard to protect it. This may mean sending a "cease and desist" letter if you find someone using your brand, and then taking them to court if they don't stop. This will prevent people from stealing your brand to make money.

Maintaining and Enforcing Trademarks

Once registered, trademarks must be actively maintained and enforced to remain valid. Owners should:

  • Renew registrations between the fifth and sixth years after registration, and every ten years thereafter.
  • Monitor potential infringements to prevent brand dilution.
  • Use the mark consistently in commerce to avoid cancellation for nonuse.

Infringement occurs when another party uses a confusingly similar mark on related goods or services. Legal remedies may include injunctions, monetary damages, and the destruction of infringing goods.

Businesses operating globally may also register through the Madrid Protocol, which simplifies international trademark protection across more than 100 member countries.

Frequently Asked Questions

  1. Can a company have both a patent and a trademark?
    Yes. A company can patent its product or process and trademark its brand name or logo, offering comprehensive protection for both innovation and identity.
  2. How long do patent and trademark protections last?
    Patents typically last 20 years from the filing date (15 years for design patents), while trademarks can last indefinitely with continued use and renewal.
  3. Do I need to register a trademark to protect it?
    While trademark rights begin with use, federal registration provides stronger legal protection and nationwide enforcement.
  4. Can I file for international protection?
    Yes. Patents can be filed under the PCT, and trademarks under the Madrid Protocol for multi-country coverage.
  5. What happens if someone infringes my patent or trademark?
    You can issue a cease-and-desist letter or pursue legal action for infringement. Consulting an intellectual property attorney can help determine the best course of action.

If your company introduces a new product, logo, process, or brand, you can confidentially post to make sure your patent or trademark is protected and receive free custom quotes from the top 5% of lawyers on UpCounsel. Obtaining the correct protections means you can make sure your designs, processes, or products aren't stolen, and your profits aren't affected.

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