Patent vs Trademark: Key Differences Explained

Discover the difference between a patent vs a trademark. Learn which is right for you and protect your assets today with this helpful guide!

Patent filings worldwide grew to 3.6 million in 2023 according to the World Intellectual Property Organization. Understanding the difference between patents and trademarks is essential for protecting intellectual property.

While both offer legal rights, they serve distinct purposes, and making the right choice will help ensure you avoid issues in the future. In this guide, we’ll take a closer look at the primary differences between a patent vs a trademark so you can make the right choice for your needs.

Purpose of a Patent vs a Trademark

People often confuse patents and trademarks, but they serve different purposes. A patent grants exclusive rights to an invention, preventing others without permission from:

• Making
• Using
• Selling

A trademark protects a brand’s identity, such as a:

• Logo
• Name
• Slogan

Both are forms of intellectual property rights, but they focus on different aspects of ownership.

Types of Protection Offered

Patents protect functional aspects of an invention, while trademarks safeguard elements that distinguish a brand. The differences come down to how each form of protection applies:

• Patents cover new inventions, including machines, processes, and compositions of matter
• Trademarks protect words, symbols, and designs that identify a business or product
• Patents prevent others from copying an idea, while trademarks stop unauthorized use of brand elements

Understanding these protections helps businesses and inventors choose the right legal path. Mistaking one for the other could lead to lost rights or legal disputes.

What a Patent Covers

A patent applies to new and useful inventions, ranging from technology to pharmaceutical formulas. The patent application process requires an inventor to prove that the idea is:

• Original
• Non-obvious
• Functional

Utility patents focus on how an invention works, while design patents protect its unique appearance. Once granted, a patent owner has the legal authority to stop others from using or selling the invention. Without this protection, competitors could profit from someone else’s hard work.

What a Trademark Covers

A trademark helps consumers recognize a product or company by its:

• Name
• Logo
• Slogan

This legal protection strengthens a brand’s identity and prevents customer confusion. According to a trademark registration guide, businesses should register their trademarks to gain stronger legal rights.

Unlike patents, trademarks do not expire as long as they remain in use. This makes them essential for businesses looking to build long-term recognition.

Duration of Protection

The length of protection differs between patents and trademarks. Patents last for a limited time:

• Utility patents provide 20 years of protection
• Design patents last for 15 years
• Trademarks can last indefinitely with proper renewal

Because trademarks require ongoing use and renewal, businesses must actively maintain their rights. Letting a trademark lapse could open the door for competitors to take advantage of the brand’s reputation.

Application and Approval Process

The steps for obtaining a patent differ significantly from registering a trademark. The patent application process requires a detailed description of the invention, including claims that define its uniqueness. Applicants may go through a lengthy review period, sometimes taking years to receive approval.

Trademarks involve a simpler process, often requiring only proof of use and distinctiveness. While both go through government agencies, patents demand more technical documentation and legal review.

Costs and Maintenance

The expenses associated with patents and trademarks vary based on complexity and ongoing requirements. Patent costs can be high due to:

• Filing fees
• Attorney expenses
• Required maintenance payments

Trademarks typically involve lower initial costs but require periodic renewals:

• Filing fees depend on the type of patent or trademark
• Patents often require legal assistance, increasing costs
• Trademarks must be maintained through active use and renewal fees

Long-term financial planning is important when deciding whether to pursue a patent or trademark. Neglecting renewal deadlines could lead to losing rights entirely.

Legal Rights and Enforcement

Once granted, patents and trademarks provide legal tools for stopping unauthorized use. Patent holders can sue those who copy or profit from their invention without permission. Trademark owners can take action against businesses that use confusingly similar names or logos.

Protecting innovations and brand identity often requires legal expertise. In both cases, enforcement involves proving ownership and showing that infringement causes financial harm.

When to Choose a Patent

Inventors should seek a patent when they develop a unique and functional product. Patents help protect:

• New technology
• Formulas
• Mechanical designs

Before applying, it’s essential to evaluate whether the invention meets legal standards. It must:

• Be new and not publicly disclosed
• Serve a useful purpose
• Not be an obvious improvement of an existing idea

If the invention meets these conditions, pursuing a patent can provide strong legal protection. Otherwise, alternative strategies may be more effective.

When to Choose a Trademark

Businesses that focus on branding should prioritize trademark protection. A trademark is valuable for companies looking to build trust and recognition.

Many brand protection strategies emphasize early registration to prevent legal conflicts. Unlike patents, trademarks do not shield product features or functionality. Instead, they give businesses control over their:

• Name
• Logo
• Visual identity

This helps them stand out in competitive markets.

Finding an Attorney

Choosing the right attorney requires research and careful evaluation. Experience in the relevant field matters, whether it’s:

• Business law
• Personal injury
• Criminal defense

Reputation plays a role, so checking reviews and asking for referrals can help. A reliable attorney should communicate clearly and provide realistic expectations about your case. Initial consultations offer a chance to assess their approach and fees.

Contracts should outline costs and services in detail to avoid surprises. Finding the right legal support takes time, but working with a qualified attorney makes a difference in achieving the best possible outcome for your situation.

Understand Your Your Legal Protections

Understanding your legal protections helps you make informed decisions about using a patent vs a trademark. Whether you’re safeguarding an invention or a brand, knowing the differences between these options is essential.

Berkeley Law & Technology Group, LLP (BLTG®) is an expanding intellectual property law firm with offices in Austin, Texas, and Portland, Oregon. Our experienced team offers comprehensive services, including patents, trademarks, copyrights, and trade secrets. 

We serve clients across the United States, Asia, and Europe. You can get in touch with us today to learn more about how we can help.