Trademark vs. Copyright vs. Patent: What’s the Difference?

In the world of intellectual property, it is important to understand the distinctions between trademarks, copyrights, and patents. Though they all serve the same overall purpose, each of these tools protects a different kind of asset.  Here’s a simple breakdown to help you understand the differences and help you to decide which of these tools will best protect your unique ideas and brand identity.

Trademark: Protecting Your Brand Identity

 A trademark protects the elements that make your brand unique and distinct - anything that consumers are able to use to identify the source of a product or service. This would include things such as logos, names, slogans, packaging, and even colors (for example, the Nike "swoosh" and the phrase "Just Do It").

 The purpose of a trademark is to help keep brands distinguishable from one another and prevent confusion or misleading sales practices. As long as you actively use and maintain your trademark, it can be legally protected indefinitely.

Copyright: Protecting Creative Works

A copyright protects original creations and compositions, such as books, music, and software code. Its primary purpose is to give the creator of a work exclusive rights to produce, distribute, and display the work. You do receive a measure of protection automatically once you have a tangible and concrete representation of your work (e.g, once you have written it down or recorded it), but registration provides more comprehensive benefits.

A registered copyright provides public, official documentation that proves legal ownership and serves as strong evidence in court in the event of a dispute. Without copyright protection, you would not be able to legally file an infringement lawsuit in federal court, nor could you recover any damages from the infringement. This legal protection is a necessary step in your ability to enforce your rights in many legal scenarios. Additionally, a copyright is highly recommended should you want to sell, license, or transfer the rights to your work. It makes the process more credible when working with other parties such as publishers or collaborators.

Patent: Protecting Inventions

A patent focuses on protecting inventions. This can include new processes, machines, or updates to existing technology, but would exclude things such as artistic creations, mental processes, things that occur automatically in nature, or people. For example, you could patent a new type of engine, medication, or smartphone feature.

To qualify for a patent, your invention must be new, original, not obvious, and useful. Once granted, the patent is typically effective for 20 years from the original filing date and will provide the patent owner exclusive rights to make, sell, and distribute the product.

Why It Matters

Using the right form of protection is critical. A brand name should be trademarked—not copyrighted. A novel idea for an app’s functionality might qualify for a patent, but the actual text or design of the app should be protected under copyright. Misunderstanding these categories could leave your business vulnerable.

Need Help Navigating IP Protection?

Whether you're launching a new product, building your brand, or creating original content, McMillan-McCalla Law is here to guide you through the process of securing the right protections. We’ll help you determine which type(s) of intellectual property apply to your work—and handle the legal heavy lifting so you can focus on growing your vision.

Let’s protect what’s yours. Contact us today to schedule a consultation.