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IP guideTrademark protects brand identifiers. Copyright protects original works. Patent protects inventions. Choosing the right type matters because they protect fundamentally different things.
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IP guide
Trademark Vs Copyright Vs Patent · File.Business

Trademark vs copyright vs patent. Three types, three protections.

Three of the four pillars of intellectual property protect fundamentally different things. Trademark protects brand identifiers (names, logos, slogans). Copyright protects original works of authorship (writing, code, art, music). Patent protects inventions (functional and ornamental). Trade secret (the fourth pillar) protects confidential business information. Choosing the right type and combining them appropriately matters.

Key facts

Start here.

Key fact
Trademark

Brand identifiers. Word marks, logos, slogans, trade dress.

Key fact
Copyright

Original works of authorship. Writing, code, art, music, video.

Key fact
Patent

Inventions. Functional (utility), ornamental (design), plant.

Key fact
Trade secret

Confidential business information. Customer lists, formulas, processes.

Key fact
Combinable

Most products use multiple IP types: trademark on the brand, copyright on the manual, patent on the technology, trade secret on the supply chain.

In depth

The full picture.

01

What trademark protects

Words, logos, slogans, sounds, and trade dress used in commerce to identify goods or services. Examples: the Nike swoosh logo, the Coca-Cola word mark, McDonald's "I'm lovin' it" slogan. Federal registration via USPTO provides nationwide rights.

02

What copyright protects

Original works of authorship fixed in tangible medium. Software code, written content, photography, music, video, illustrations, design. Automatic on creation; registration with US Copyright Office strengthens enforcement.

03

What patent protects

Inventions: functional (utility), ornamental (design), plant. Pharmaceutical compounds, manufacturing processes, mechanical devices, design of products. USPTO grants after examination.

04

What trade secret protects

Confidential business information: customer lists, formulas (Coca-Cola formula), source code, business plans, processes. Protected by reasonable secrecy measures, not registration. Lasts indefinitely if kept secret.

05

Duration comparison

Trademark: indefinite with continued use and renewal. Copyright: life + 70 years (or 95/120 years for works for hire). Utility patent: 20 years from filing. Design patent: 15 years from grant. Trade secret: indefinite if kept secret.

06

Registration requirements

Trademark: optional but recommended; federal registration via USPTO. Copyright: automatic on creation; registration optional but opens up enforcement remedies. Patent: required; only granted patents provide protection. Trade secret: no registration; protect via reasonable measures.

07

Cost comparison

Trademark: $250-$1,500 federal application + USPTO fees ($250-$350/class). Copyright: $45-$125 registration. Utility patent: $10k-$30k+. Design patent: $3k-$8k.

08

Time to protection

Trademark: 8-14 months for US registration. Copyright: instant on creation; 3-9 months for registration. Utility patent: 18-30 months. Design patent: 12-18 months. Trade secret: instant if kept secret.

09

Combining IP types

Most products use multiple. Example product launch: company name and logo (trademark), website copy and product photos (copyright), proprietary algorithm (patent or trade secret), customer database (trade secret), product packaging design (design patent + trademark trade dress).

10

Choosing the right type

Branding goal: trademark. Original creative work: copyright. New invention: patent. Confidential business info: trade secret. Most IP strategies combine multiple types.

FAQ

Common questions.

Can I trademark my book title?
Generally no. Titles are not typically trademarked. Book content has copyright protection automatically.
Can I copyright a logo?
Yes, copyright applies to original artistic works. But for brand identifier purposes, also register as trademark.
Can I patent an idea?
No. Patents require an invention with novelty and non-obviousness, fully disclosed in claims. Ideas alone are not patentable.
Should I trademark or copyright my product name?
Trademark. Names are brand identifiers.
What about my software?
Code: copyright (automatic, registration optional). Functional aspects: possibly patent. Trade secrets: any confidential implementation details.
Do I need all four?
Most businesses use multiple. Right combination depends on the IP and the business.
Which has the longest protection?
Trade secret (if kept secret) and trademark (with continued use) are both indefinite. Copyright is life+70. Patents expire.
What is fastest to get?
Trade secret (instant). Copyright (automatic). Trademark (8-14 months). Patent (18-30 months).

IP setup, done right.

Trademark filing, copyright registration, attorney-vetted IP assignment, and connection to specialty IP attorneys for patents.

This guide is educational. Specific IP decisions require professional legal advice.

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