Trademark vs. Copyright vs. Patent: Which Protects What?

What does a trademark protect?

A trademark can be a word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services. Trademark rights are connected to how the mark is used with particular goods or services; they do not create ownership of a word for every purpose.

The USPTO registers federal trademarks. Rights can also arise from use without registration, although federal registration can provide additional nationwide benefits.

What does copyright protect?

Copyright protects original works of authorship fixed in a tangible medium, such as text, photographs, illustrations, music, video, and software code. It generally does not protect a business name, short phrase, method, or idea by itself.

The U.S. Copyright Office registers copyrights. A logo may contain copyrightable artwork while also functioning as a trademark, so the two systems can sometimes apply to different aspects of the same asset.

What does a patent protect?

Patents concern qualifying inventions. Utility patents can cover new and useful processes, machines, manufactures, or compositions, while design patents can protect qualifying ornamental designs for articles of manufacture.

The USPTO grants patents, but patent standards, searches, application procedures, and time periods are different from trademark registration.

How multiple rights can overlap

A company selling an innovative device might use a trademark for the product name, seek patent protection for its technology or ornamental design, and own copyright in product photographs and manuals. Each right has a different subject, test, term, and enforcement framework.

A domain-name registration or business-entity registration is also separate. Registering a company or domain does not by itself create a federal trademark registration.

Start with the asset, not the label

When one asset may involve multiple rights, advice from an appropriate intellectual-property professional can help define a coordinated strategy.

• Brand name, slogan, or source-identifying logo: investigate trademark protection.
• Original writing, artwork, photography, music, or code: investigate copyright.
• New functional invention or ornamental product design: investigate patent protection.
• Company name or domain: check entity and domain rules separately, then assess trademark use.