Understanding the Differences Between a Patent and a Trademark
When it comes to intellectual property law, one of the most common (and important) questions people ask is the difference between securing a patent and a trademark. The short answer is that a trademark can help protect your brand, while a patent will help protect your invention or innovation.
Overview
It is understandable to get confused about the differences between patents and trademarks since, at the end of the day, they are both intellectual property rights. Nevertheless, there are important differences that carry significant ramifications for the types of legal protections afforded to the owner of a patent versus the owner of a trademark.
Generally, a patent provides the patentee with the exclusive right to “exploit” their invention. This means competitors are legally prohibited from making, selling, using, or importing a patented product (with the exception of reaching an amicable agreement with the patentee, of course).
Conversely, when someone owns a trademark, that mark will protect the business’s brand . The trademark will differentiate the goods and services of one owner from another. In fact, once a trademark is registered with the United States Patent and Trademark Office (USPTO), it provides the proprietor with the exclusive use of that mark. Generally, trademarks are more beneficial when attempting to protect the following:
- Business logo;
- Business slogan; and
- Particular set of colors or patterns affiliated with the business.
Key Distinctions
Though similar in some respects, there are key differences between patents and trademarks. As mentioned earlier, a patent is most beneficial to protect an invention, while a trademark is most beneficial to protect your brand.
Other key distinctions include the process related to registering a trademark versus securing a patent. There are different forms, filing fees, and requirements that must be met in order to obtain a patent versus a trademark.
Another important distinction is the amount of time a trademark is enforceable versus the time allotted to the patent holder . For example, in the United States, as long as someone who owns a registered trademark renews the mark every ten years, it may be enforced indefinitely. In contrast, when someone secures a patent, they generally own that patent for a term of 20 years (depending on the type of patent).
Another distinction is the legal rights afforded to an unregistered trademark . Namely, a trademark can exist, legally speaking, absent formal registration. This is known as a “common law” trademark. The concept of a “common law” trademark may sound appealing, but it is worth noting that the rights afforded to a common law trademark are quite limited and typically confined to the state where the business is located, as opposed to a federal trademark that can be enforced nationwide.
We are experienced in applying for, and securing, trademarks and various types of patents for our clients, including:
- Provisional patent;
- Non-provisional patent;
- Design patent;
- Utility patent; or
- Plant patent.
Have Questions? Consult with an Experienced Patent & Trademark Attorney in Los Angeles Today
Contact our reputable & experienced Los Angeles patent and trademark attorneys at the Omni Legal Group to learn more about patents and trademarks and how they can be applied to your business or idea. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation, please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.