When you’re developing a new product or building a recognizable brand, protecting your hard work is essential. But many entrepreneurs and creators struggle to understand which type of intellectual property protection is right for them. What’s the benefit of filing a trademark vs. patent?
While both trademarks and patents are legal tools that secure rights to your ideas, they serve very different purposes. Knowing how they differ and how to apply them to your business can help you avoid legal issues and confidently move forward with your product or brand.
In this article, we’ll walk you through what trademarks and patents protect, how to obtain each, and how an experienced patent attorney can help.
Trademark vs. Patent: The Foundation of Protection
Before diving into the specifics of trademark vs. patent, it’s helpful to understand the broader category they fall under: intellectual property (IP).
Intellectual property is a legal concept that protects creations of the mind. These creations might include inventions, designs, logos, slogans, trade secrets, or even software. IP protections exist to give you control over how your original work is used, replicated, and commercialized. Two of the most common forms of protection are trademarks and patents, each tailored to a different type of asset.
What Is a Trademark?
A trademark protects branding elements that identify the source of your goods or services. These identifiers might be a business name, logo, tagline, packaging design, or even a specific sound or color associated with your brand.
For example, when you see the Nike swoosh or hear the phrase “Just Do It,” you immediately know which company it refers to. That’s the power of a trademark — it links a product to its source in the minds of consumers.
Why Registering a Trademark Matters
Although you gain limited rights by simply using a trademark in commerce, formally registering it with the U.S. Patent and Trademark Office (USPTO) strengthens your legal protection. A registered trademark:
- Gives you exclusive rights to use the mark nationwide
- Creates a public record of ownership
- Makes enforcement easier in the event of infringement
- Enhances your brand’s credibility and value
Registering also helps prevent others from using a confusingly similar name or logo, which can lead to brand dilution or lost sales.
How to Register a Trademark
The process begins with a clearance search to ensure that your proposed name or design isn’t already in use or too similar to an existing mark. If your search comes back clean, you’ll file an application with the USPTO, specifying the exact mark and the goods or services it will represent.
Once submitted, your application is reviewed by a USPTO examining attorney, and you may need to respond to any objections or requests for clarification. Once approved, your trademark is published and eventually registered. Trademarks can last indefinitely, as long as they’re in active use and properly maintained.
What Is a Patent?
A patent protects new inventions or discoveries. It gives the inventor exclusive rights to make, use, and sell the invention for a limited period, typically 20 years for utility patents.
Patents don’t cover branding or design (except in the case of design patents); instead, they protect functional innovations. Whether you’ve developed a new type of engine, a mobile app with unique functionality, or a revolutionary piece of medical equipment, a patent may be the right path.
What Qualifies for a Patent?
To be eligible for patent protection, your invention must meet three key criteria:
- It must be novel — meaning it’s not publicly known or described in existing patents.
- It must be non-obvious — it can’t be something that anyone with ordinary skill in the field would easily think of.
- It must be useful — the invention must serve a clear purpose.
If your idea meets these criteria, you may be able to file for a utility, design, or plant patent, depending on the nature of your invention.
The Patent Application Process
Applying for a patent is a detailed and technical process. It begins with preparing a comprehensive application that describes how the invention works, includes drawings or diagrams if necessary, and clearly defines the boundaries of what the patent will protect.
After submission to the USPTO, your application enters a rigorous examination process, often involving back-and-forth correspondence. The process can take one to three years, and the strength of your application will heavily influence the outcome. That’s why many inventors work with a qualified patent attorney to improve their odds of success.
Once granted, a utility patent gives you a 20-year monopoly (from the date of filing), during which no one else can legally make or sell your invention without your permission.
Trademark vs. Patent: Key Differences
Though both offer powerful protections, trademarks and patents serve distinct purposes:
- A trademark protects the identity of your product or business: names, logos, and designs that set you apart in the marketplace.
- A patent protects the functionality or mechanics of a new product, process, or invention.
Another major distinction is in duration. Patents are time-limited — once they expire, anyone can use your invention. Trademarks, on the other hand, can be renewed indefinitely, as long as they remain in use.
Choosing between a trademark and a patent comes down to what you’re trying to protect. If you’re concerned with your invention being copied, a patent is the better fit. If your priority is brand recognition and preventing competitors from imitating your name or logo, a trademark is essential.
In some cases, you may need both. For example, if you invent a new kitchen appliance, you could patent the invention and trademark the brand name under which it’s sold.
How to Move Forward
Whether you’re launching a startup or scaling an established business, securing your intellectual property should be a top priority. Here’s how to start:
- Evaluate what you’ve created — Is it a product, a process, or a brand?
- Identify your risk — What would happen if a competitor copied it?
- Consider the timeline — Patents take longer to secure than trademarks.
- Seek expert help — Working with an intellectual property attorney can help you navigate the complex legal process and avoid costly errors.
Final Thoughts
Trademarks and patents are cornerstones of a smart business strategy. By choosing the right type of protection (or using both) you can secure your competitive edge, attract investors, and build long-term value. Book a free consultation with our patent attorney team to take the first step to protecting your IP today.