Differences Between a Trademark, Copyright, and a Patent

A trademark, copyright, and patent are similar in that they are all types of intellectual property and offer protection for a particular entity. They differ in a number of ways, including what they protect and how they are granted. The following discusses their differences and how they should be used.

Trademark

A trademark is a symbol, design, word, or phrase that identifies a source of goods and distinguishes it from someone else’s goods. A service mark is basically the same except that it differentiates the source of a service instead of a particular product. Both prevent someone else from using a trademark in such a way that consumers would be confused about the source. A trademark does not, however, prevent someone else from producing or using the same product.

If someone uses a phrase or symbol to sell a good and it is similar enough to a trademark already in use, this can be understood to be a trademark infringement, especially if it causes customer confusion. The owner of a trademark can take legal action by getting the court to prevent them from using the confusing mark, or they may choose to sue for financial damages.

Copyright

A copyright is a type of protection provided to those who create a variety of original works such as movies, sound recordings, literary works, musical works, photographs, paintings, live performances, software, and sound or television broadcasts. Copyright protection is offered for work that is published and that which is not. While copyright covers the form of material expression, it does not protect the concepts, ideas, techniques, or facts that are enclosed in the work.

A copyright gives the owner of the work a number of exclusive rights. These include the following rights:

•Display or perform the copyrighted work publicly

•Reproduce the work

•Sell, lease, or transfer ownership of the copies of work

•Use the copyrighted work to prepare derivative works

If someone wants to reproduce a piece of work that has been copyrighted, he or she must be granted permission from the copyright owner. It is not unusual for a copyright and a trademark to exist together in the same work.

Patent

A patent is a right given to an inventor that protects someone else from producing, using, or selling the invention for a certain period of time. The system of patents was designed to encourage individuals to invent things that would be useful in society, and patents are granted when certain criteria are met.

Patents are made up of three different types. Utility patents are awarded to new processes, chemicals, and machines. Plant patents are given for the invention of distinct new plant varieties. Design patents are granted in order to protect the design or unique appearance of manufactured items. There are a number of qualifications that an invention must have in order to get patented:

•It must be novel.

•It must be nonobvious. It is considered to be a surprising advancement by someone skilled in the field.

•It must not have been patented or used by someone else within a year of the patent application date.

•The invention must be useful and operable.

One way that patents differ from trademarks is that, in order to qualify for a patent, an invention must be different from other inventions in one way or another, while trademarked goods can be similar to other goods. A patent differs from a copyright in that a patent must be applied for, and the application must be filed within one year of disclosing the invention to the public. A patent differs from both a trademark and a copyright in that the patent expires after a certain period of time, and the patent owner must pay maintenance fees throughout the life of the patent.

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